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Full text of "Report of the petition of Wm. L. Mackenzie, Esq., acting executor to the estate of the late Robert Randall, Esq., of Chippawa [microform]"

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'•'■■^'W\*WV-»^ „-^ 

Printed by Order of the Legislative Assembly. 

-\.^ QUEBEC: 




- —.»-—. — . -.— .. ■! 1-1 jbi4>»ani*'*<ll>w| 



THE SPECIAL COMMITTEE to which was referred the Petition of 
WILLIAM LYON MACKENZIE, Esquire, Acting Executor to the 
Estate of the late ROBERT RANDALL, of Chippawa, Esquire, have 
the honor to Reports— 

dnl^f f ^fL*"- ""^ '^5''°*- *^ °'J^^''^ P^ ^^^'^ *'™« °« ^^"^'J *>« «parcd from other 
referred to them''' "" important questions involved in the Petition^u ^^""^ '■^^I'Ju'' """^^ ^"'^ documentary evidence applicable to the case, and 
carefully arranged the same for reference. * 

The property claimed, as part of the late Mr. Randall's Estate, is of great value, 
and many persons are mteresied in the ultimate result of this inquiry. 
♦».I°"'' Committee, at this late period of the Session, forbear to express an opinion: 
,, JnrM*""^^ however that the Evidence, herewith reported, be printed for Ihe 
Se88?L "' ** *° *^ ^"'*^^ consideration of the subject next 

They also recominend that any further Evidence to be offered in the matter 

same is rSeiveT"' ^ '^"^ ^"*^ '^^^^^^ ""^^ ^' "^'''"' P"°**^' ^'>" *»"• 

The whole, nevertheless, humbly submitted. 


14th June, 1853. 






Saturday, WA April, 1853. 


Mr. Smith Of Durham; Hon. Mr. Robinson, Messrs. Christie of Wentworth 
Fergusson, Wnght of the East Riding of York, and Hartman. "'«°«'^orth, 

Read the Order of Reference. 

rri "'t!.i!.\.\.A .»aLU._— _ - ^ t 

jf Durliam, called to tli 

Mr. Smith 
Kcatl tho Petition referred. 
Mr. Mackenzie attended tlic Committee, and liaving opened Iiis case ; 

tn hv Tr °M " l''^' •" '""!'"•" ""l^^'- ^^'''''''^ '^'"'"^ «"«'^ docmnontH a« arc referred 
.21 Mackenzie, and in hw posscsaion, be received u'nd fyled, for tl.o 

reference of tho Committee. . 

The following were then handed In, viz : — 

Ne^can'"'*^ ^''^^ent from the Crown to Robert Randall, of Lots 38, 40, &c., of 

Copy of Petition of Robert Randall to Lt. Governor, dated 23rd Sept., 1808. 
Plans marked A and B. 
Original Lease, &c. 

Robert Bell, Esq., called and examined, and states :— 

That ho resides in Bytown, on Lot No. 40, broken front Concession A, on the 
Ottawa. A large portion of this lot has been sold and bnilt upon, since it camo 
into the possession ot Messrs. Sherwood and Britton. This lot adjoins the principal 
lots on which are built the town of By town. Cannot say, without reflection, how 
many live on the lot. It is of great value. There are about half a dozen buildin-s 
on the lot in tho 1st Concession of 200 acres, but in Concession A the rrreatcr 
part IS built over by occupants, as town property. Tho buildings have abo^ut half 
of them been built since 1845; these are the most valuable. Knows that Mr. 
1 irth 8 ongina tavern stand was on lot 40, Concession A. As to the maps or plans 
gled and marked A and B, considers them correct. Was aware when ho went to 
Bytown that the titles of this property were in dispute ; it was generally known 
that the claims were made by Mr. Mackenzie, acting for some other party. This 
dispute may have had some effect on purchasers, but very little. Thinks a notice 
was published, warning against purchasing this property, by Mr. Mackenzie, in 
IojO; this was the first I ever saw. 

Upon 39, Concession A, no improvements or enclosures were made by Mr. Roches- 
ter, except a small building erected since 1846. At present there are a large number 
of persons (labourers) hying in buildings of a temporary character, a greater part 
of which were erectecUvMthin the last five years; these parties had no particular 
liberty to occupy ; I look upon them as squatters. The land is owned by Govern- 
ment. In 1846, Mr. N. Sparks had a few acres cleared and enclosed, on the wes- 
terly part, adjoining lot 38.- On the part nearest the slides, several French Cana- 
dians resided in buildings they had built upon it. Mr. Rochester lives in the 
concession adjoining; his right to purchase lot 39, in the 1st, has been recoo-- 
nized by the Government; there could be no pre-emptive right in Mr. Rochester 

jwu ;'u "'^^'','°" ^} ^° ^''^ "°* °^°"Py ^^>« J"t in 1846. He has told me repeat- 
edly that he considered broken front lot 39, as belonging to 39, 1st Con. Knows 
as a surveyor, that this is not the case ; they are separate and distinct lots, in separate 
Concessions, and^ have no_ connection. I give this testimony as a survsyor, after 
having surveyed it under instructions from the Crown Land Department, in 1846 
I am aware t^hat lot 39, Concession A, Avas for a length of time reserved for public 
purposes, and part of it now absolutely required for landing rafts and for the use of 
the slides. As to the value of this lot, I estimate it to be from 5 to £8,000. I laid it 
out in city lots in 1846, after the Government had decided on Rochester's claim • 
this was done under instructions from the Crown Land Department. 
Adjourned to the call of the Chair. 


Monda?/, 25 fh April, 1853. 
I'UEsnNT : 

and nfr&.uir^L'Z: ■'''""•""""■»"• «.rI..ieof Wo„,„„rth, re^„„„„. 

ovWc'^i- ''°"''° "''""'""'^ ""'' '"■'• '''f"™ 'I'O Committee further documentary 
Which WM received and fylcd, i,iirkcd (A) and (D) 

After being read as foUoweth :— 


Yours, &c. &c. &c., 



1 have also seen a petition on behalf of Mr Tnlir, T^/^/,v,^o* • i . 

any of the si^^ners rSred to conlrl n2 °. .^^f"" ^r^''^'*' ^ ^« "«' l^<^'ie^'e 

asLT^e-tttroVaXC '' ^^^ ^^ ^^--^ence. and not separate from it 

Ordered, That it be fyled as documentary evidence. ^' ^' 

inq^llfrTBpSrn^i'ot'^'; "\ ?T'' ^?"'^' ""f °^"^^' ^°^ '" ^eply to certain 

Cr^Sdr:,! tuS, tr r"L:S .f^he°l^ i°/ "■" t'?-?.''™"" "^ 
now before the Committee. reference to the lots in question, that are not 

Daniel McLachlir,, Esq., a Member of the House, called and examined :-. 

1. What improvements, if any, had llochester made upon lot 39, Concewion A, 
prcvioufl to 1848, or previous to 1830, or to 1852, in Aurrust?— The first building 
on lot 30, Concession A, Ncpean, wns erected in 1837, by o Canadian, and ac- 
knowledged that he did so as a squatter ; and under the same circumstances many 
buildings have been erected since. I think there are as many as thirty families 
residing on this lot, in houses all of a temporary kind. I am uot aware that Ro- 
chester ever made any improvemeuts on this lot. 

2. Are there any good buildings now on it t— There are none ; the best one 
would probably cost £50. 

3. Were any affidavits given to Mr. Dune ia 1845, or at any other time, to 
prove that nothing had been on the lot ?— There were ; 1 have seen them. 

4. Is the affidavit now shewn you, by Robert Reed, n true original ?— I believe 
it to be a true document. 

6. Who had made affidavits to their being no improvements ?— James Skead and 
Duncan Stewart, who lived on the lota adjoining; there were others, but I do not 
remember them. 

6. Did ycu purchase the right of a squatter on lot 39, Concession A ?—l 
did ; and was reported in possession by Clergy Reserve Inspectors Chitty and 
Koberts ; m consequence of which I applied for vho lot: other parties also applied. 
I afterwards abandoned my claim, as I knew the squatter, from whom I purchased, 
had not been in possession for five years. I subsequently offered the Government 
£10 an acre for this lot. 

7. Did Rochester do any act to constitute ownership to this lot ?— He never 
did ; he claimed it as being part of the lot in the 1st Concession. 

8. Was it known in Bytown when you came there in 1836, that lot 40 and its 
broken fronts were contested by Randall, or that the ownership was disputed in 
any way?— Some years after 1836 I heard of the dispute; I am not awi re that it 
prevented any one from buying. 

9. Did Firth offer to sell you any right he had to lot 39, Ist Concession, or the 
broken lot, before he sold to Rochester ?— He did of the Ist Concession ; he did 
not pretend to have any claim on Concession A. I took his papers to a lawyer, 
and after their examination, concluded he had no right to the lot, and consequently 
refused to purchase. ' 

• ^^i^ ^y^^^ " y^""^ opinion as to the value of lot 39, Concession A P—It is worth, 
in a block, £2,000 ; if sold out in lots it might probably bring more. 

I would add, in reference to this lot, that the beach is necessary for the use of 
the slides, and a part of the lot for a canal. 

And then he withdrew. 

Adjourned till 10 o'clock, A.M., to-morrow. 

Tuesday, 2^th April, 1852. 


i¥'';>?'"'*'*'^r*'*'f'""T!. ' ^°°- ^'■- ^-obinson, Mr. Hartman, Hon. Mr. Macdo- 
nald, MessrB. Wnght, Fergusson, and Christie. 

The Honorable George S. Boulton, a Member of the Honorable the Legislative 
Councd, attended the Committee. 

Mr. Boulton, by permission of the Committee, addressed it on the subject of 
the general allegations and matters contained in the Petition. 
Mr. Mackenzie was allowed to reply, by way of explanation. 





In a; 

of his 1 

A pr 

of the J 



1. A 


2. W 

been. Is 

As to 
claim is 
lin ; 3rd. 
reus occi 
have alsc 
the Epis 

3. Ar< 
cession li 

4. Wl 
ever beer 
As to 39, 
the conjo: 
1844, anc 

As to c 
eral affida 
he claimcc 
mised to 1 
evidence < 
house buii 
for Rochei 
Joseph Ai 
To this J 

icession A, 
'8t building 
m, and ac- 
ncee many 
rty familitifl 
•0 that Ro- 

c best one 

Br time, to 

—I believe 

Skead and 
It I do not 

3n A?— I 

/hitty and 
30 applied, 

-He never 

40 and its 
isputed in 
t re that it 

on, or the 

n ; he did 

a lawyer, 


is worth, 

the use of 

'. Macdo- 
mbject of 

Mr. I^oulton withdrew. 
The Coinmittco (leiiheratcd. 

Adjourned till 10 o'clock, A.M., to-m»rruw. 

mdimdajf, llih April, 1853. 

- . MEMnKns PRKSKNT ; 

Mr. Smith, Chairman ; Afr. Wri<>-ht Hon Xfn t? k- 
Christie, and Fergu8son. " ' ' ^^'' ^^"^inson. JSEcssrs. Ilartmnn, 

1- Are you Commissioner of frown Laml<,? T o^ n 
Lands. " j^andsz—i am Cornnussioncr of Crown 

2. What claimants have there been for lots -^0 In ♦l,^ i * o 
Concession A, in Ncpenn ?-As to 39 Tn ho t f V } • * ^r""?'""' ""'^ '"^^^ 
been, 1st. Kobert Han d all ; 2nd. Is ac 1 r • Vll . W '.""'i/'"", ^'"'"^""'« ''«ve 

As to 3Q Jn P«n„ • A , , ' ""•' •^'''^- •^"''" Kochcstcr. 

lin; 3rd. John Kochester^fomin d^^^^^^^^ 2ml. Daniel McLach- 

rous occupants ot the town lorXhror^ofl ?',"?*' ^^?«''«^^f*='-) ; 4th. nume- 
Council of Bytown ; oi^^r ^xl^^iS^^, advertised for ^ale ; and 5tl,. the Town 

have also been made ll hffis W "° '^'"^''^ ^'"'"^«" 

the Episcopal Church at Ji'^irn,'^^ tilt Kev. S^ S tron' " "" "''"^^'"^"^ ^- 

ce^o^^^ td 7r Li&!r b^^^^ ^^ ^^-' -^" « eon. 

ever-beent'lrsl'ln^irQC ^'''^^ l^^'''^'' - ^^-'-ster have 

As to 39, in the firs Concession thP^vTH'''"""^ n ^?' Concession A, NepeaupJ 
the conjoint Return of the g L"' Lsorr'? °^ ^^^ '"'' n^'- J'"^^^«^'«" e""«i«t« >'" 
1844, and as this has never bS^n!^^J"'P'?V''■'' ^'^^^^^ '"^"^ J^'>'^e'-^'^ i" 
additional evidence qncst.oned ,t would seem superfluous to add any 

erataf^l\i'."«t^^^^^^^^^^^^^ UolV:^'''^'' °' ^'^^'^^^^^'^ P^--" consists of sev- 
he claimed if that tlipAL ^ . Permission to take stones and wood from it • that 

inised to him by occtams^1"Tlar''''*"°' '' ""f l"^' '^''' ''^^ -«« P«^d - pro- 
evidence of his^ssesKL^re aLavTorrr' /'" jY' ''''' , ^^^--'y direct 
house built, by Rochester of fLaS H i ^t'^'^f ^?^"''>'' *'>«* ^'^ occupied a 



although a party to the conjoint Report by himself and Chitty, by which McLach- 
lin was returned as in posserisioi', addressed a letter to the Commissioner 

stating his opinion in favor of Rcchester, grounded on a claim through Firth, w)io 
however, as stated in tiie Order in Council, of 20-22 June, r846, 


" pretended m any of his applications to the Government, that he possessed oi 
" desired to obtain it," and tliat <' therefore, the claim tO pre-emption set up by 
•' Rochester, falls to the ground '" 

5. What evidoiice have you in your Department, that Rochester r.nd Malloch 
have not been in possession of these lots ?— -As to 39, in the 1st Conces- 
sion, there is no evidence that it is not in the possession of John Rochester. 
As to 39, in Concession A, the evidence that it has not been in the possession 
of John Rochester, consists of the conjoint return of the Clevgy Reserve Inspec- 
tors, in 1844; of the affidavits of Duncan Stewart, Donald McGregor, and of 
James Skead, Esqs. in 1845,— long residents on the adjoining Ic^— that they knew 
of no occupancy or improvements by him ; of the Petition of Daniel McLachlin, 
Esq. owner of an extensive milling establishment on the adjoining lot, and now 
M.P.P. for Bytown, in 1846 ; of the actual survey by Provincial Land Surveyor, 
Robert Bell, under instructions from the Department by Order in Council, in 1846 ; 
of the respective Memorials of the Merchants, of the Magistrates, and of the Cor- 
poration of Bytown, in 1852, which either directly or indirectly deny the occu- 
pancy on which the claim to pre-emption is based, and in the latter of which the 
Councillors declare the fcct to be patent to the whole community by " personal 
" observation and nuhlip, nnfnrip.fv" that tTiniA Jii n^ «< TrScIWa +v.;r,r,» tU,.*- „ — ^A i — 

observation and public notoriety 
80 construed. 

that there is no 

visible thing'' 

that could be 

6. What evidence have you in your Department of an> possession of these 
lois, or either of them by others ?— As to 39, in the 1st Concession, it was in the 
possession of Robert Randall by lease, from 1809 to 1821 : there is no evidence 
before the Department, that it has since then been in the possession of any other 
persons, than Firth and Rochester. 

As to 39, in Concession A, it was also in the possession of Robert Randall by 
lease, from 1809 to 1821; and since then, by the conjoint Return of the Clergy 
Reserve Inspectors, it was found to be in the pos'scssion of Daniel McLachlin, 
principally, and of Ozias Banning, and Louis Dorin, partially, by two shanties 
they had on it; and by the general testimony before the Department, and the admis- 
sion of the opposing claimants, Messrs. Malloc'i and Rochester, in 1852 ; it has 
been in the possession of about twenty fam'lies, -/iio have ^jatitioned to purchase the 
town lots they have occupied, since they were surveyed and advertized for sale. 

7. Has Rochester had any possession that would give him a pre-emptive right ? 

My opinion on this h?ad is filly expressed in the Departmental Reports which are 
already before the Committee; and I have only to add, that in my opinion (though 
in this I may be mistaken) no person can acquire a pre-emptive right to any lol 
expressly reserved by the Government for public purposes, nor would improve- 
ments, even were they made, avail against such public reservation ; and further, 
there is no evidence of any occupation and improvement for five years antecedent 
to 1841_, on which alone any pre-emptive right could accrue under the Order of the 
Queen in Council, based on the Imperial Statute. 

8. What evidence is there in your Department of lot 39, Concession A, Ne- 
pean, being required for public purposes ?— The evidence that lot 39, Concession 
A, is required for public purposes consists cf an Order in Council, of 24th April, 
1833, stating it to be " indispensably necessary to tlie public sen ice" ; of a letter 
from F. P. Rubidge, Esq, to the Department of Public Works (being an engineer, 
in the employment of tliat department); of 13th September, 1845, in which he 
states that it_ should be withheld from sale " for Government purposes, otherwise 
" some land-jobbers will be getting it now and cause us to pay for it hereafter ;" 

of a 1< 


from t 





of the 

poses t 

ties of 

sible pc 

one Su 

on the < 

were as 

" strain 

" for th 



on *•■ a 1 

" the sl( 

In ac( 
of the n 

9. Wl 
been imj 
, 10. W 
sion A, li 
to questii 

11. W 
ter than i 
Reports 1 

12. Ha 
Firth, Ro 
•A, for whi 

^ To lot 'c 

'& •^^'chester, 

and the rif 

sequent Oi 

^ that lot ni 

y live right. 

To lot 3 

ernment, ei 



13. How 
A, became 
the first Se; 
cil, in 1846 

14. HoTv 

ch McLach- 
i Firth, who 
46, " never 
possessed oi 
I set up by 

md Malloch 
1st Conces- 

e possession 
2rve Inspec- 
gor, ana of 
t they knew 
ot, and now 
d Surveyor, 
jil, in 1846; 

of' the Cor- 
ly the occu- 
f which the 
■ " personal 
lat could be 

in of these 

was in the 

no evidence 

f any other 

Randall by 
the Clergy 
wo shanties 
1 the admis- 
852; it has 
lurchase the 
for sale. 

ve right ? — 
ts which are 
on (though 
t to any lol 
Id improve- 
md further, 
)rder of the 

ion A, Ne- 
24th April, 

of a letter 
m engineer, 
n which he 

hereafter ;" 

^uilSlt^S;^" 184, stating that it wil, be 

from the Department of Public {Cks to f h . n . '^'^''^^ ' '"^"^ ^^ lexers 
stating that it should " be reserved VrpubUu^^^^^^^^^^^^ >,^«^5 «"d 1846, 

ind,spensable for the works then in pro"re s^ o Sl./^^ ^"'^'''i. f''^ 
^.L.S.; of Daniel McLachlin, eL "aI V P , r ^T ^""^ ^^^'^^''t l^ell^ ^ 

Joj^ and of the respective MemSls oftlio Merc nms o^ZT^ f ^"^^° 
ot the Corporation of JVtown in 18o9 oil =fnf- .i ' *"*^ Magistrates, and 

poses to be' indispensable ; he Memodl oTlhJr'" ''''r^''^^^' fo° public'pur- 
tjes of the town tor water to wh cTtl posi ioS of Z^^^^^ *^« "^^«««i- 

sible points; and of the late official Renon ori ^ 11" '''^?''''' ^^"* ^^^^ ««ces- 
one Surveyor of Timber License^ ancUho ot? Q ''' ^^"'.''" ^"'^ MerriIl,-_tho 
on the Ottawa,-stating that U rCrvat on '^ ^^"P^""*^"^^"* of Public Wo ks 
were asked, is so indisp^ensable that ff rvve;^ " 1-''^^ '^^'^'"'^ '^'''' opinions 
" strained by a sen^e of duty to recomrnLrt^ they « would feil con- 

• for the purchasing o'" it ba4 aga „Tw^h l/asTeTntlr ''''t •^'^^"? '^^ '^^^^ 
Report from the Department of Public Work kLi T ^""/.^"^^'-^'ned by another 
Russell and Merrill ilso add the nece si^es ft \va teJ t 1 u""' '"^*'"*- ^^«««"- 
on ;• a high and rocky site." the shorP ^^ " .1 t ' °" °^ %town, which beinff 
''the slope of land to'^heriU.nriro in 11^1''''!' ''' P^^^'P' '«"«'" an§ 

In accordance with such fes imonv the Cn ^ '^ ^' '' ^''^ ^^"*^«-" 

of the matter, made certain eserTauLs thu^alird "*;, "P'" ••^■^""^^' examination 
Wrnmental Reservations. Mr. MaEh t S^ttrurat^^^^^^^^^ 

been U^^:::!^^!^.!:^ ImoS^rToTi'-' Yu''^ ^«-- a, has 
question No. 4. ''"°°*' ■''-None, beyond that stated in answer to 

to question J^o. 5. ^ ^otnester or Malloch, has deen stated in answer 

Eeporla which are before thVCItte " "'"'"'^ '''■"" ""P'^^i in <ko 

Concessmn, Nepean ?_'The Govemmen? ha, ,?' „^°"°''?";n /, or lot 39, in d 
„ Fe.empt,on in Firth to lot No. 39 in the r « r •'""'"' ""^""'"^l ""e right to 

,. A, for whieh latter he never appM Concession, nor to lot 39, Con,SssiM 

I K-i^= ''t;'^??rs;s^^,^;^r''^ iis '° ""^ ''- «''»""ed i„ 

I fmmcnt, eitC hl'^X^? kX^''.S!; vt ■"'" ^"^ '^"""•^'^ ^y the Gov- 

r invesfsation of the case, when „ "escntal L, •'•' ,?'"^.°"' ,"P '" "■= '-rae of Zr 

Rochester. ' "'-™ Pre^ntc'l conjointly by Messrs. Malloch and 

i A,";ea^ 1^*Byi^.;t'l,!"^^T" f PY' »f J5y'°wn?_Lot 39, Concession 




— Lot 39, Concession A, was sarveyed into town lots by authority of Orders in 
Council, of 20-22 June, and 1st July, 1846; the survey was executed under in- 
structions from this Department, of 15th July and 24th| August, 1846, and com- 
pleted in September of that year. 

15. Were these town lots ever offered for sale, and on what terms? — The town 
lots were advertised for sale (as per Canada Gazette, of 8th January, 1848), upon 
application, on and after the 9th February following, at the prices therein stated. 

16. Has any Patent been made out for lot 39, Concession A, inNepean? — 
Patents have been prepared in this Department, in obedience to the Orders in 
Council, and submitted for the consideration of the Government. 

17. If so, in whose name was it made out, and in whose possession is it, and 
how did it come into such possession ? — The Patent was prepared in the names of 
John Rochester and Edward Malloch. I cannot say in whose hands it now is, 
because since it was sent to the Provincial Secretary, it has not reached this De- 
partment for transmission, according to 4th and 5th Yic, cap. 100, sec. 20. 

18. Do you consider the lot to be patented in the full and proper sense of the 
term, so as to be altogether alienated from the Crown ? — I have no evidence upon 
this point but what is before the Committee, and do not feel competent to give an 
opinion upon the question of title. 

19. What persons, if any, have been reported by the Clergy Reserve Inspectors 
as entitled to a pre-emptive right to purchase, under the regulations respecting lot 
39, Concession A, Nepean ? — By the conjoint attested Return of the Inspectors, 
Daniel McLachlin was reported as being in possession of lot 39, Concession A, 
Nepean, with three acres cleared ; but Mr. McLachlin, afterwards, voluntarily 
stated that the occupation under which he claimed, fell short of the five years an- 
tecedent to 1841, required by the regulations, and conscientiously waiving any 
claim to pre-emption, offered to purchase, first at five hundred and afterwards at a 
thousand per cent, advance on the valuation of the Inspectors. 

Adjourned to the call of the Chair. 


i ; 

1 ) !■ I 


Saturday, 28th May, 1853. 

MEMBERS present: 

Mr. Smith, Chairman ; Messrs. Christie of Wentworth, Hartman, and Fergusson, 
It was Ordered, That the Clerk do give to Mr. Mackenzie copies of any papero 
before the Comr^ittee. 

The Honorable Mr. Attorney General Richards, called in, and examined : — 

1. Are you Attorney General for Upper Canada? — I am. 

2. What claimants have there been for lots 39, in the Ist Concession, and 39, 
Concession A, in Nepean ? — I know of no claimants, except those that may bo 
exhibited by papers in the Crown Land Office. 

3. Are they the same, or different lots ? — I believe they are different concessions. 
Think several lots in those concessions have been granted. 

4. What evidence is there in your Department that Firth or Rochester hava 
ever been in possession of lot 39, Ist Concession, or 39, Concession A, Nepean? 
— There is no evidence in my Department with reference to the matter at all. 

5. What evidence have you in your Department that Rochester and Malloch 
have not been in possession of these lots ? — None. 

6. What evidence is there in your Department of lot 39, Concession A, Ne- 
pean, being required for public purposes?— None. 



Petition ( 

Randall, ] 

; and broke 


jf Orders in 
ed under in- 
6, and com- - 

'—The town 
1848), upon 
rein stated. 

, Nepean ? — 
ie Orders in- 

n is it, and 
the names of 
s it now is, 
jed this Da- 
c. 20. 

sense of the 
vidence upon 
it to give an 

ve Inspectors 
especting lot 
5 Inspectors, 
oncession A, 
, voluntarily 
ive years an- 
waiving any 
;erwards at n 


id Fergusson. 
)f any papera 

rained : — 

sion, and 39^, 
that may be 

t concessions. 

ochester hava 
A, Nepean? 
ter at all. 

and Malloch 

beJ; i^TptS^tS^^ ^°* 3^^ Concession A, has 

• or eith'^^ol the'r^; ^.ZrlTJ^InT '''^"'"^"' '' ^°^ P^^^^ ^^ ^^-^ lots, 

TI?; i?-^" ^"i'^oster had any possession that would give him a ore-emntlvp r\.h* P 
The opinion I have formed in this matter is from the flSTtLVor.T^' J^^^^'~ 
in evidence which are, as I understand, before the Committee ^^ '° '^'' ^'^''' 
10. A\ hat evidence is there to the contrary '— None 

the Government in the matter Committee will show the decision of 

wa. given, ,„. ^^^^^~^^t s'ST^^^o^z ;:s^±:'tztz^'- " 

as l^wt'L'r-eJLlv^'ir ?"° 7°""^ Y *? ^'"S5' Reserve Inapeetor,, 
no personal knowie^rof thTmlHe" W'"^ '''<'■" ""e papers referred to. llav. 

boforMtrS't^;:;?;'„/2J'jl,£™i«ee,.^^^ he had nothing further to la. 

Committee adjourned till Monday next, at 10 o'clock. 

PeUrnTrWigamLvorMT' ^" ^T- ^^f"'" ">= Select Committee on , I 
Eandall, Esl JI P fZ T ^^f""'"^- "^ Executor to the estate of the late Bob. 

and broken fVont lot Wi .rtr^"""^' ''^'j"? *f !'>'No.40, in 1st Concessi. 
en nont lot ^o. 40, in Concession A, both in Nepean, Carleton Coun, 

April 2«h, 1853. Wm. L. MACKENZIE. 

jssioa A, Ne- 




(A.) , 

Schedule of Documents given in evidence htj 

TV. L. Mackenzie, 


No. 1.— Grant from the Crown in Nepean. (Copy.) 12 

2.— Probate of Kandall's Will. (Copy.) 14 

3.— Map of 39 and 40, Nepean 17 

4. — Map. Part of Kennedy's plan of Bytovvn 17 

5. — Nothing appears under this number in the manuscript 17 

6. — do do do do 17 

7.— Eandall to Judge Boulton, 1807 17 

8. — Same to same 19 

O.—Hon. H. J. Boulton, to Randall 19 

10.— Randall to Judge Boulton 20 

11. — Randall's Instructions to Rudsdell 20 

12.— Agent of N. W. Go's, certificate 22 

13. — Judge Boulton to Randall • 23 

14. — Randall's petition for 40, &o .».....^ 23 

15. — Registrar Sherwood's certificate 25 

16 Mr. Moor to Randall 25 

17. — Randall's Petition to Governor Gore 26 

18.— Hon. G. S. Boulton to Randall 27 

19. — Surveyor Sherwood to Randall 28 

20. — Hon. H. J. Boulton's Memorandum ..^ 28 

21.— Mr. Barrow's to Mr. Randall 28 

22.— Mr. Lee to Randall 29 

23.— Mr. Downes to Randall • 29 

24.— Capt. LeBreton to Randall 30 

25.— Randall to Hon. H. J. Boulton 30 

26.— Hon. H. J. Boulton to Randall... » 31 

27.— Randall to Judge Boulton 32 

28.— Hon. H. J. Boulton to Randall 33 

29. — Andrew Berrie to Randall • 33 

30.— Randall's Affidavit as to secret Judgment...... 34 

31.— Mr. Stuart to Mr. W. L. Mackenzie 34 

32.— Earl of Dalhousie's opinion as to LeBreton purchase 35 

33.— Certificate of Sheriffs Sale, lot 40 35 

34._Governor General's answer to Randall's Petition 36 

35.— Capt. Dickson bids Mrs. Firth retain possession of part of 40, Ne 




ce htj 



No. 36.-Eandall to Dickson, about a defence . . . ^*f 

38"~r'1 IJall^ousie's Decision to trial in Judge j;n;;j;'n;s •;;:;:;;;; % 
38.— Randall's Affidavit, as to lot 40 . . 

41.— Mr. Washburn to Randall, same question "." 4? 

42.— Mr. Randall's title to Falls Estate . T 

43.— Col. By to Mrs. Firth .'." *^ 

44.— Mr. Sheriff Sherwood to Randan..'.'.*.*.',*.' ^^ 

45.-Randall'8 petition, in Assembly, vs. Boul't'on f. 

46.-Report of Committee, House of Assembly, 1828 *,**! 40 

47.-Proceeding3 of Assembly's Committee, 1828 *" „ 

48.-Bill No. 1, passed for Randall's relief .. ' .t 

49.— Chief Justice Robinson to Randall *.".'.' ' t. 

50.— Mr. Radenhurst to Randall .' * 

51. -Lord Dalhousie to Mrs. Firth".*.'.'.'."'." ' "" ^^ 

52.— Judge Willis to Secretary of State"!.*!!.','.*!.'.'.'.' ' "" !^ 

53 — Ejectment Suit, 1828 ;!!!! " 

54.— Capt. LeBreton's Valuation of lot* 40 l\ 

56 ~lddr 1 'I'''' "^r^' A--biy*;;*Sbg*w;iH;m '!!!!!!!!! 11 

57.-B1II No. 2, passed for Randall's Relief.. Z 

58.-Votes on Bill No. 2, in Assembly l^ 

59 — Randal to Secretary Mudge ' 

60.— Governor Colborne's reply. ' ^^ 

6l.-Mr. Bidwell to W. L. Mackenzi*e* ®' 

''''~^''\%t:T:i:ti:T^ *° ^^ commi;'t'e*e**f;,';'R;nd'dr; '' 

«!'"~f/T^ ^°'''° to w!*L.*Mack*en2*ie*'!!!!!!!!!!!! «o 

64.-Mr. Stanton to General Rowan f! 

65.-Notices--Nepean and Bridgewater Estat^;*!!!!!!!!!! ' 11 

6 .-Report of Special Committee, U.C. Assembly, 1836 gf 

67.-Proceedingg of said Committee. ^* 

68.-Mr. Waters to W. L. Mackenzie'.*.*.*.'.*.*!! H 

oy.— Same to same ' * **' 

7o.-Biii No. 4, passed forR*Jnd'd;;'';iier!!!!!!!!!!!!!!! «q 

72 lHrt"'/;"'"°? "^'^ ''' fi^-' to W- ^' Mackenz*;;!!!!!!!! H 

7^.— Hon. R. Baldwin's Oy. ,., ^^ 

73.-Judge Sherwood's AppUcatio^forA'^eHl'l's'l'a'^d **!!!!!!!!!! '" on 

^4.— Judge Small to Mr. Gulp ^ 

75.— Same to same " " ^^ 

77.-Executors Notice-By town paper „.,.. ^^ 

78.-Value of lot 40, G. Malloch's Evidence ...! l^ 

'9.-x>Ir. A. Stewart to W. L. Mackenzie o^ 



I i 

Francis Goue, \ 
Lt. Governor. } 


No. 1. 


GEORGE THE THIRD, by the Grace of God, of the United Kingdom 
of Great Britain and Ireland, King, Defender of the Faith, &c. 

To all to whom these presents shall come, 

Greeting : 

KNOW YE, that We, of our special grace, certain knowledge, and mere motion 
have given and granted, and by these presents do give and grant unto Robert 
Randall, of the Town of Cornwall, in the County of Storniont, in the Eastern 
District, merchant, his heirs and assigns for ever; all that parcel or tract of land 
situate in the Township of Nepean, in the County of C^Hcton, in the District of 
Johnstown, in our said Province, containing, by admeasurement, Five hundred 
acres, more or less, with allowance for road between the broken front and first 
Concession ; also, Four hundred and fifty acres, be the same more or less, being 
Lots number Thirty-eight and Forty, in the first Concession from the Grand or 
Ottawa River, and the broken fronts of said lots on the said Grand River. The 
broken Lots, numbers Ten and Eleven, in the first Concession upon the River 
Rideau. Lot number Eleven, in the second Concession, and the easternmost or 
front three-fourths of Lot number Ten, in the second Concession of the said 
Township of Nepean, together Avith all the woods and waters thereon lying and 
being, under the reservations, limitations, and conditions hereinafter expressed ; 
which said nine hundred and fifty acres of land are butted and bounded, or may be 
otherwise known as follows : that is to say, commencing in front upon the Ottawa 
River, at the North-west angle of each of the said lots in the broken front respec- 
tively ; then South, sixteen degrees East, one hundred and fifty-one chains, more or 
less, to the allowance for road between the rear of the said first concession, and the 
lot I, in the broken concession B, granted to Christian Wallaser ; then North, 
sixty-six degrees East, twenty chains, more or less, to the easternmost limit of 
each lot; then North, sixteen degrees West, to the Ottawa or Grand River; then 
along the water's edge, following the several turnings and windings thereof, to the 
place of beginning in each parcel of land. Also, commencing in front of the said 
first concession upon- the River Rideau, at the North-east angle of the said lot 
number eleven in the first concession ; then South, sixty-six degrees West, one 
hundred and fifty-six chains, more or less, to the allowance for road between the 
second and third.concessions; then South, sixteen degrees East, twenty chains, more 
or less, to the allowance for road between lots number eleven and ten in the second 
concession; then North, sixty-six degrees East, twenty-five chains; then South, 
sixteen degrees East, twenty chains, more or less, to the limit between lots number 
ten and nine; then North, sixty-six degrees East, one hundred chains, more or less, 
to the River Rideau ; then northerly, along the water's edge with the stream, to 
the place of beginning. To have and to hold the said parcel or tract of land hereby 
given and granted to him, the said Robert Randall, his heirs and assigns for ever; 
saving, nevertheless, to Us, our heirs and successors, all mines of gold and silver 
that shall or may be hereafter found on any part of the said parcel or tract of land 
hereby given and granted as aforesaid ; and saving and reserving to Us, our heirs 
and successors, all white pine trees that shall or may now or hereafter grow or be 
growing on any part of the said parcel or tract of land hereby granted as aforesaid. 
Provided always, that no part of the parcel or tract of land hereby given and 
granted to the said Robert Randall and his heirs, be within any reservation hereto- 
fore made, and marked for Us, our heirs and successors, by our Surveyor Gen- 
enil of Woods, or his lawful deputy, in which ease, this our Grant for such part of 

the Ian 
vey the 
void, ar 

do with 

tsome pn 
The sail 
their o\^ 
or cause 
! thence : 

J and grai 
-'; and teni 
sale, con 
J or marri 
I or their 
J before sc 
,; oaths ha 
% the said 

; In def 
I Grant ar 
] to be na 
,'| granted, 
' lis, our i 
any thin< 

And w 
I first year 
I' " Act pa 
J " making 
^ "in Nor I 
.(: " Provini 
f " or efFec 

t" and ap{ 
,, " said Pr 
; that We : 
acres and 
^ coiicessior 

1 By commc 



ed Kingdom 


mere motion 
unto Kobert 

the Eastern 
' tract of land 
le District of 
^'ive hundred 
ont and first 
)r less, being 
he Grand or 

River. The 
ion the River 
isternraost or 
1 of the said 
;on lying and 
sr expressed; 
2d, or may be 
1 the Ottawa 
front respec- 
lains, more or 
3sion, and the 

then North, 
most limit of 

River; then 
hereof, to the 
it of the said 
' the said lot 
;s West, one 

between the 
' chains, more 
in the second 

then South, 
1 lots number 

more or less, 
he stream, to 
f land hereby 
gns for ever ; 
jld and silver 
tract of land 
Us, our heirs 
r grow or be 
I as aforesaid. 

by given and 
ation hereto- 
rveyor Gen- 
• such part of 


the land hereby given and granted to the said Robert Randall, shall, uDon a eur- 
vey thereof bemg made, be found within any such reservation shall ^5 and 
void, and of none effect, any thing herein eontLed iothJouir.^y'^l^i:^i:t 
Provided also, that the said Robert Randall, his heirs of assifms, shall and 
do withm three years, erect and build, or causo to be erected and b,^ n In^ , 
some part of the said parcel or tract k land, a good anT fffident dwilL 
The said Rober Randall, or his assigns, not having built, or not EL if W^t 
their own right lawfully possessed of°an house in our said ProvbL aKtheX 

, or cause some person to be therein resident for and during thrsnace of on«vl; 

. thence next ensuing the building of the same. ^ ^ ^ ^^^ 

5 „J''°^^^^f30' thai: ifat any time or times hereafter, the land so hereby tfiveo 

I and granted to the said Robert Randall and his heirs, sha 1 come into thHofseS 

I and tenure of any person or persons Whomsoever, either by virtueTaiK^S^ 

J sale, conveyance, enfeoffment, or exchange, or bi gift, inS^ dLS^!v;f 

or marriage, such person or persons shalf within l^.hB^ni^TArSY^'l^ 

or their entry into and possession of the same, take the oaths p^cSbv W 

before some one of the Magistrates of our said Province; and a?erSte of sudl 

;, In default of all or any of which conditions, limitations and restrictions this said 

. Grant and every thing herein contained, shall be^ and We herebVde lare the s*^« 

to be null and void, to all intents and purposes whatsoever, and the land hereby 

granted, and every part and parcel thereof, shall revert to, and become vested i J 

[ Us, our heirs and successors, in like manner as if the same had never been Iranted^ 

any thing herein contained to the contrary in any .vise notwithstandin"! ^ * 

first veafof Hi's Ir" t"' ""^'^^^ Parliament of Great Britain, passed in the thirty- 

<'llZ °^,^'^JI^esty's reign, intituled, " An Act to repeal certain parts ofJn 

Act passed m the fourteenth year of His Majesty's reign, intituled "An Act for 

^« more effectual provision for the Government o'f he Provkce of Qnebec 

in North America, and to make further provision for the Government of the said 

<' fr Xf' '' ? "^^t'^^' " ^^''' "° g'-^"' °f ^«"d« hereafter made, shall be val d 
or effectual, unless the same shall contain a specification of the lands to be allJSiS 
and appropriated solely to the maintenance of a Proves ant CW^^^ 

harw'^r^"''' 'V^'^' °^*^^ ^^^^' '0 b« thereby grnted^Sfw^^^^^^^^ fe 
1' ^ «*''' caused an allotment or appropriation of One hundred anLhirtviva 
acres and five-sevenths to be made in lits numbers two and seven k t£ Ch 
coucession from the River Rideau, in the said Township of Nepean. 

Given under the Great Seal of Our Province of Upper Canada: Witness 
Our trusty and well beloved Francis Gore, Esquire, our Sutenant Go! 
vernor of our said Province, this Twent^-fifth^ day of FeSarytt the 

of Our Reign ' ^"" *^'"''"^ ''^^' ^"^^^^^ "°^ °'°«' and S^-ninfh 

By command of His Excellency in Council. 

William Fibth, Attorney General 

Entered with the Auditor, 27th February, 1809. 

Fb. G. 

D. Selbv, 

Auditor General. 




i/ii '■ 


l«nQ**'°*i*''?i,''"i^"7?^ P«'^ to t»^e Acting Receiver General, 23r(l February, 
1809, under the Kegulatioaa acted upon the 6th July, 1804. ^' 

affixed '°**^''""®*^ ^^'"'^ " ^'oncession," being written bef|bre the Seal of the Province 

W. J. 

Im>0H8ED.-Grant to Robert Randall, 950 acres, Nepean, District of Johnstown. 
Recorded in the Rcg.ster'a Office, 27th February, 1809. Wm. Jauvis, Rerriatrar: 

No. 2. 


Court of PnonATE, 

Upper Canada, 
City of Toronto, to wi 


pROBATE of the last Will and Testament of the late 
-^ Robert Randall, of Willoughby, in the County of 
Lincoln, ^District of Niagara, and Proviuce of Upper 
Canada, Esquire, deceased. 
IN the name of God. Amen. I Robert Randall, of Willoughby, in the County 
of Lincoln District of Niagara, and Province of Upper Canada, Esquire, bein J 
weak in body, but of sound and perfect mind and memory, blessed be Almighty 
God for the same, do make and publish this my last Will and Testament, in man- 
ner following, that 13 to say ; First, I direct my bod v to be decently buried.-Item. 
I hereby appoint the Honorable John Walpole Willis, late one if His Majesty's 
Justices of the Court of King's Bench in this Province ; William Lyon Mackenzie, 

?);il?T? °^ 1^°'^ ^""^'' ' ?'i°'"'^' ^^°°^"°^' «' ^"•'^•'^d' County of Oxford 
District of London, Esquire; and Jesse Ketchum,of the Town of York, Tanner 
Executors of this my last Will and Testament. I herebv authorise my said Exe- 
cutors or the majority of them, or the survivor or survivors of them, to sell or con- 
vey by deed or otherwise, a 1 my estate real and personal, for such considerations. 

^n^n Tl '""' ^ •" '"^i" '"''°"^' ''' *'*'y '""y J"^g« best, and to compromise 
yrju ^ r^"r'"'"^^'°"?"*^'^^' they may tWnk best, any claim or claims 
tor debts due to or from me, and to leave the same to arbitration, if they deem it 
advisable. And the moneys which they may receive on account of debts clue to me 
or on account of the sale or sales of my said personal or real property, after deduct- 
ing therefrom so much as shall be necessary to pay debts; I herebv give and be- 
queath, in the following manner, that is to say :-To Maria Stark, a widSw, of Mon- 
treal, the sum of One hundred and fifty pounds, to remunerate her for her kindness 
and attention to me while I was in jail in Montreal; to a Canadian, by the name 

^K -Kellonge, of Montreal, a shopkeeper, who also furnished me with money 

and necessaries, for which I gave him my note of hand, the amount of which not^ 
I cannot now recollect, but by way of payment for said note and in gratitude for 
his kindness, I give and bequeath to him the said Bellonge, the sum of Two 

Snr'lrlf^" ^*^^ r«T"5'iy "^.'"y ^'^^^^' ^f *"y' I ^^i«h divtdedinto ten equal 
parts, and disposed of m he following manner, that is to say:-To my daughter 

Dttriotoft-^'^'^^K^T'-'i ?"^P%^1^^ ''•''^' '^ I«-° Culp%f StamLd, r„ the 
District of Niagara, blacksmith, and her four sons, two-tenths shares of the whole, 

iw! „n /^^^^^^'*rc° ■\''%'?5^^'"'^ '^'^"^^^ ^"'1^^«'* four sons, share and 
SL ''^° Frederick Smith of Willoughby, aforesaid, farmer, and his children, 

S r'K^""^'/'^?'.'?'^f"*^ ^^'"•^™' ^'i^"" ^"'J CJcorge, three-tenths of the 
IS *V?f S^^^^^J^^l^^i^^i^^.^^ tJ^em, the said Frederick Smith and his said 
chudrea, Thaddcus, Maria, Frederick, William, Edwin and George, share and share 


alike; I 
of my i 
time of 
the said 
be divic 
Lyon A 
forty, si 
the yeai 



I, Rol 

and Prov 

of the T( 


ton, after 

me from 

tioned L( 

that is to 

■ Culp, an^ 

'. this one, 

i Plenry H 

I ship of H 

5 paid by tl 

land, whi( 

is also a c 

of two loti 

Young, ai 

is agent. 

be divided 


ji Sealed, sip 
'; (Signed. 


Court of 

Upper ( 



Ird February, 

' tho Province 
W. J. 

)f Johnstown. 
IS, Kegistrar. 

int of the late 
be County of 
ce of Upper 

1 the County 
quire, being 
be Almighty 
lent, in man- 
ned — Item, 
lis Majesty's 
1 Mackenzie, 
y of Oxford, 
ork. Tanner, 
ly said Exe- 
» sell or con- 
m or claims 
hey deem it 
ts due to me 
xfter deduct- 
^ive and bc- 
owjof Mon- 
ler kindness 
)ythe name 
with money 
which note 
;ratitude for 
sum of Two 
to ten equal 
y daughter, 
ford, in the 
f the whole, 
, share and 
lis children, 
nths of the 
ind his said 
'e and share 


alike; to my nephew, Gerard Govcr Wilson, of Baltimore in Maryland Aho son 
of my half-brother Samuel Wilson,) and to his sisters tUt mayTe livU^ 
time of my decease, two-tenths of the whole, to be eouallt rliS Lv ^ .i 
the said Gerard Cover Wilson and his said 'sisters sWe and InrAl^ 
nephew, Kundal ^Vallace, one tenth of the who c • iJ.e remalnll . ! ' li ""7 
be divide.1 between AVilliam Ilewston. livin° smnewhere in NovTln ' °" WMr *° 
Lyon Mackenzie William B. Wilson; Tl.onrHoorrr,"nd C^^^^ 
fcrty, share and share alike. Hereby revokin.^ all former willal!vmpmn,l„ T * 
timony whereof! have hereunto set my hand and earthT econd davof MarcVln 
the year of our Lord, One thousand eight hundred and twenty"nine.^ ' 

Q , T . , , , , , ROBERT RANAL. [L.S.] 

Scaled signed pubhshed, pronounced and declared by the Testator to be his 
last Will and Testament, m presence of us, who have hereunto sub- 

S? ^tir """ " ''^ P"^^"^^ '' '''' ^-*«'-' -d '^ tL Tesenco of 

Note.--The words " or the majority of them" first interlined. 
(Signed,) John Cawthra, 

(Signed,) Joseph N. Lockwood, 

(Signed,) Jno. E. Tims. 

I T T? I . T> 1 „ . , Grimsby Bav, Tout Colborne, May Ist, 1834. 
' nnn P ''^ ^"ft""' of tl»e Township of Humberston, in the Niagara District 
- lfZ¥:Zl S^SS"f ^ do bequeath unto my da^ighter, JV^sSi^ Cu^; 
• FredericrsSr\ the said District, and Maria Smith, daughter S 

' fnn nf? ' '^" *''° property owned by me in the said Township of Humbers- 

4 meV^VhTSL'rr^^:" ^^^^' \'" f^r.'V^^^^y with all my accents comtg to 
I ?. T? ^''^^^^^al Company, to be divided equally between the two abovP m^n 

I Ztt tT""-\ -^'^^''r '^'^^''' °^ '^'' above\.en^tioned expensesrfor a w^on 
S .nfallleT.f /'^"^''^"* date, by the two mention^ed Legatees, t^Mr- 
( th 7;ne? to em'in a i i7 V'^^ '"t'* '' 'i"' ^^"'' ^^'"^ Previously made to 
i Henry Hoornor 'Z L V J^'^ ^^^^^^oen also, a verbal agreement between 
I ship 7f Humberston h.\ '"'^'f'^'S ^ «mall tract of land, situated fn the said Town- 

^ paid by the Is o Math on T? '"'^ 'V''- f''!' ''' '''''''y ^""^^^ P^^ acre, to be 
^ an Ixy/^h T ^^^^^^^^ ''"'^ thousand eight hundred and thirty-five, for said 

' iVS Tlfo'snS'' "^ ^^^r ^'^"f^^'*° ^^'''''' «""t^; DoctorVeter Howard 
explanation. ^ ^^^ memorandum, when forward, will give a full 

^^ Sealed, signed, and delivered, in presence of 
(Signed,) Thomas H. Wilde, M.D., 

David T. Gary, and 
Thads. Smith. 


""Xp-'crnrat'^' "( B^4t!^.^-- ?\ th-c presents I, Grant Powell. Es 
City &oi.nto, tl wit : J and flS RSce"^^^"'^^^^^"' ^^-^^'^ -^^°"" °^-^-^«^«' " 

jpper Canada, do make known to 

' ;ii 

111' 'U 


; 1-1 


•11 People, that on the dny of the date hereof, in the City of Toronto in thn Pro- 
vince af^oresa.d before mo was proved, approved and insfnuatcdtthe^^st Will a^ 
wToTk' •"•*,P°?|«'1 thereto, of the late Robert Kandall. the TowlS^ 
Willoughby, m the County of Lincoln. District of Niagara and iCince afoZid 
Esquire, deeea«ed. a true copy whereof is within written by me. ami ,00^8 wlWth^^ 
the approbafon and .nsinuation of the said last Will and 'i\>8t«ment" and Cod cU 
aforesaid, and committing the administration of all and sinpnlr 1 1 « „L 1 1 
chattels, rights and credits which were of the said dLnscdrt e ime "f fi^^^^^^^ 
.Ton nf fl ''"'^""^ **^-*^° "'T"*«' calculations and reckoning Td fin 1 adrnt: 
«.on of the same to me IS manifestly known to belong: and administratilTall 
and wngular the goods and chattels, rights and credits of the sn l^nl!.. * ?? 1 n 
deceases, mentioned in his said last \^ill and Testamen ad C di cl.t omm" td 
to William Lyon Mackenz e and Thomas Hornor twn nf fl,„T?^l * , • 


perfect inventory thereof, and exhibitingthe same into the iCt^ar' gfficc of the 
.aid Court of Probate, on or before the last Xlonday in Ma^l nLt cnsdn.^ the 
til2''r\' ''f.r^^^PSJ^ true account, calculation and reckon in^t hereof when 
JJ Tr TtT?"^ \T"f • ^''^"""^"S '^ *^« Honorable John Wafpole Willi and 
L S A'''^r'/''' °''^'e'' ^^^«°»t«r9 named in the said last Will a^nd Testament 
the right hereafter to come in and administer thereto according to law ^^'*^'"'"*' 

In tefltimony whereof I have hereunto set my hand and affixed the Seal of thp 
the aaid Court of Probate, this seventh dav of June, in the year of 
Lord, One thousand eight hundred and thirty-four. ^ 

Ja8. FrrzGiBBON, ^^^''''^ Principal. 

Registrar, Court of Probate. 


County of Cari.eton Registry Office. ,™ 

rin f'S^'^^J ^^^'^^ *5^V" memorial of the within Probate of a Will, attested hv i 
John Edward Tims, of the City of Toronto, Physician, before J HPrt«{ I 
Commissioner in the King's Bench, as far as ;egarJs Tr al ?ate in JL Cou^tJ ^^ 

^^^:^^=^,ft '-''-' -' thirtyiiri^„X7X.t 


Dep. Reg. County Carleton. 

.l^^^^^'^^y'^^^^fyiohaye received the within written documents, the eiVhth 

27 at oroFiho otl/-'".,°' r ^'''' °"f *^^"««"^ ''^^' hundred'and thfrty^ 
Hnll Ll%.V ^^°''^.'Vi'^ forenoon, and the same is recorded at my Office in 
Hull, Book 3rd, pages 17, 28, 29, and documents 25, 26, 27. ^ 


Registrar, County of Ottawa, L.C. 


ito, in the Pro- 
e Inst Will and 
Township of 
i^incc aforesaid, 
ans whereof the 
It, and Codicil 
the goods and 
10 of his death; 
id final admic • 
istration of all 
abort Randall, 
, is committed 
itors named in 
William Lyon 
ods and chat- 
ing a true and 
s Office of the 
st ensuing the 
thereof, when 
ole Willis and 
id Testament, 


l>e Seal of the 
B year of our 


1, attested by 
. 11. Price, a 
I the County 
d County, at 
nuary, in the 
Book No. 4, 


3, the eighth 
1 and thirty- 
my Oflice in 

wa, L.C. 


niPf I 

^ river and the banks nf ♦!. i. .mmmnr--^ . ^ 

ch..« beW the E«ui;e";r£'„lS;^*" «?» "' L°' No. 39, runnbg .e„' 




A'otf. . .ij'f't.rfk's 7<>ffr-i II f»,x.'{tJJi ^ iaJeJ tAus % 



















six, at one of the clock in the torenoon, ana the same is recorueu m. u,y wiucc m 
Hwll, Book 3rd, pages 17, 28, 29, and docnlr.(,nt^ 2d, ?«, 2*. 


Keg'.stvar, County of Ottawn, L.C 

river a 


1 HI. Ill^ VJllH-U 111 

Ottawa, L.C j,j,|| 


river and the ^anks of the main, from the West line of Lot No. 39, runnlug ten 
chains below the East lino of Lot No. 40. 


7h/f £/'Aermrdp' 

'fa/ as CWra-/ ^^ JW/l 


li>/('i//Si^,!/f <iV/ry/ 

\l/j(crA'o <( 

^1 L- 





-^f'^'f /-//• Z //// / fl's , 


//vv/^z/j^A/// J'//w// 

/i '<:■ a i^/ a tVc »;e/f.c,' dei(a^e<'//. /j(? 



j^/ne f^/' Jj im / t,y 



This, Sir, requires an explanation. There nro four small islands at or near tlio 
Chaudieic Falls, which lay so situated as to make them actually necessary to be 
procured for the purpose 1 have in view, which is to extend a dam, from the main 
bank to the upper islands, lyinjjf at the Falls, and taking the water between the 
main and said islands, for the purpose of a jurist and saw mill. The Ottawa liivcr 
is very narrow at the Chaudicre Falls, tlun-efore you will find the distance to be 
but short, from the main to the channel of the river, and the quantity of* acres 
which those Islands contain cannot exceed 20, but government not having it in their 
power to grant islands, makes it necessary to apply in this way, as government can 
make a grant in this way that will be as effectual as if the islands were expressed 
in the deeds, but should the broken fronts of Lots Nos. 38, 39 and 40 not be suffi- 
cient to fill my claim, you will please to lay the claim upon the broken front, let 
there be what quantity there may, and let my jjctition lay open for the deficiency to 
he laid in some other place. Provided that Lot No. 39 should not bo reserved for 
the clergy, and that Lots Nos. 28 and 40 should not be granted ; please to lay my 
claim upon as much of the fronts as the same will cover, compreliending the pri- 
vileges of the waters of the river, and bound by the channel of the said river as 
already described, provided there should not be broken fronts to the aforesaid Lots, 
and that 38 and 40 have already been granted, and should No. 39 be reserved for 
the benefit of the Crown, endeavour to prevail on government to allow my claim 
to cover it ; with the privilege of said waters and islands as described. But should 
government not allow my claim to cover No. 39, and should the said Nos. 38 and 
40 be already granted, as likewise there may not be any broken fronts ; in that case 
take out a lease for me for No. 39, and endeavor to get a grant from the bank of 
the AVcst line of No. 39, running to the channel of the river, ten chains below 
the East line of Lot No. 40, to tlie main bank including all lands, which is those 
small islands. I have enclosed my bond together with my bondsmen, for the an- 
nual payment of the lease ; you will also call upon Captain Farquharson for my 
letter directed to Thomas B. Gauf, Esquire, who, Mr. Chewitt says, was at New 
York, and had not returned when he loft home. You will get Captain Farquhar- 
son to open my letter, favored by Mr. Ikn-ns to ISIr. Gauf, in order that you may 
get my certificate as having taken the oaths required by Government. Should 
Captain Farquharson not bo in possession of my letter to Mr. Gauf, please to call 
on Mr. Burns, (I think his christian name is William,) I had the pleasure to see 
him at Cornwall on his way from (iuobec to York, on the 8th July last. I enclose 
you a guinea, and, as I am informed that most of the landed business sent to your 
care is conducted through the different offices by your son, and further reasonable 
charge he may make shall be cheerfully paid by a draft at sight, or otherwise, in 
favor of any person in Cornwall. As Government is knowing to my arduous un- 
dertaking at the Bridgewater Works, near the Falls of Niagara, and my perseve- 
rance inlhis kind of business, I flatter myself the Governor in Council will be 
disposed to encourage me all in their power in commencing business at the Chau- 
diere Falls, on the Ottawa lUver ; it will be the means of settling the wild lands 
on that river, that is at this present a perfect wilderness, not one settler inhabiting 
the country : it will be the means of settling the lands upon that line of the Pro- 
vince, which I conceive to be much required. The fees required in getting out my 
patent, if in your power to procure one, I shall pay to your order in Cornwall on 
demand. You will greatly oblige me to hasten the business as much as in your 
power, and forward the deed anil lease by the first safe opportunity that may offer, 
as I am very anxious to get out my timber and build my dam before the freezing of 
the waters. 

I fully expected my letter woidd have found my friend, Mr. Gauf, in York, on 
Mr. Burns' arrival, and expected at all events to have heard from my business by 
you when last down at Cornwall Court, at my return from Quebec. The acquain- 
tance which I have had the honor to have with you, makes mc trust you will use 

your in 
wall mi 




ear I 
., at \ 

>■ towards 
■fi 'nc by G 
$ laid my i 
,m closed dr, 
'M Inter thai 
>| will ])c v( 
I but shoul 
I have thci 
I at the pla 
4 making n 

D'AncY ] 

i p.s.-f 

lare grantc 

Dear Sii 
bn the Ott 
Hrs. Jessu 
-plicant. I 
referred to 
Avould not I 
land and m 
certify it. 



b or near tlio 
pessary to be 
cm tlic main 

between the 
Htawa lliver 
i3tanco to be 
tity of acrca 
ng it in tlicir 
ernnicnt can 
!rc expressed 
not be sufli- 
^en front, let 
deficiency to 

reserved for 
le to lay my 
ing the pri- 
said river as 
)resaid Lots, 

reserved for 

o\v my claim 

But should 

No3. 38 and 
; in that case 

the bank of 
chains below 
hicli is those 
1, for the an- 
arson for my 
was at New 
in Farquhar- 
hat you may 
ent. Should 
please to call 
Icasure to see 
it. I enclose 

sent to your 
er reasonable 
otherwise, in 
' arduous un- 

my perseve- 
juncil will be 
at the Cliau- 
lie wild lands 
ler inhabiting 
e of the Pro- 
itting out my 

Cornwall on 
h as in your 
lat may offer, 
he freezing of 

■, in York, on 
J business by 
The acquain- 
1 you will use 

y^M nuu.t . JO feel itself under a sniuil coniphn.ent, iur having built the Church. 

Kclying apon your usual goodness, 
I subscriho myself, 
Your most obedient and humble Servant, 

-,, (Signed,) liOliEliT JIANDALL. 

D Alley iJouLTON, Esquire. 

No. 8. 

Mr. Randall to Jud^rc Boulton Lots in Ncpcan, 

[From Appendix (0 Jouniiils of Assonibly, U.C 1830 ] 

ral, at York, for £2 , .. 

towards the i)aynicnt of the fuc 

J^.ba., llali ax CuiTcncy, which you will please to 
.•s.^shouM a grant for 200 acres of Laid be mailV to 

mphy Government; but .houWM.^;^-! l^cr^ n^'l^;" t "ij^.^ '"" V" 

I -•■ fi^j Sir, with great respect, 

'■ Your humble Servant, 

B'AmvP 7^ • (S'Sncd,) ROBERT RANDALL. 

-U AncY LouLTON, Esquire. 

[arc^m;;^;'"^^ ^^ ""^ ^^ ^' S«-anted, please for to write me in whose name they 

No. 9. 

Hon. Henry J. Boulton to Mr. Randall. 

I P'rom Appendix to Journals of Assembly, U.C, 1830.] 

' Dcir S;r T ... ^^^"'^J -^"^y 2nd, 1808. 

'SLT,t^"^::Zlf''°'''^''', report what sort of ti.nb^r wa, on it 'they 

land and mX Z,h7 f \T ?°°'' "' "J «" """"^ respectable man to look it tho 

iCerSfy it ' ™"' '"'"'" » Magistrate what the timber is, or get a Magistrate to 


Wu wrote you before, but wc BU])i)08cd the letter miscarried, now wo rcBume our 

old one. 

I have the honor to be, 8ir, 

Your most obedient Servant, 


I suppose you do not wish now to have your Petition presented, as cannot get the 
Lots you wished. My lather ia of opinion you may run your dam across to th»j 
Island without any apprehcnsiou of being disturbed. 

II. J. B. 

No. 10. 

Mr. Randall to Judge Boulton. 

[From Appendix to Journals of Assembly, U.C., 1830.] 

Cornwall, July 23rd, 1808, 

Sir,— I received a letter from your son, H. Boulton, dated July 2nd, informing 
me that Lots Nos. 38 and 40, first Concession, oi. .he Ottawa River, in Township 
of Ncpean, are granted, ai..l that some requisites are required before a lease can be 
taken for No. 39. But his saying nothing respecting the broken fronts adjoining 
to those numbers, which was the land I wished you to apply for, and to cover them 
by my claim should they not be granted, makes me suppose you have not under- 
stood the tcuor of my letter ; I have therefore empowered ray friend Mr. RudsdcU 
to act for me, in the business ; any assistance you can give him, will greatly oblige 
me. You will please to furnish him with my writings committed to your care. 

I am, your humble Servant, 


D'Arcy Boulton, Esquire. 

No. 11. 

Randall's Instructions to Mr. Rudsdell, relative to Lease and Grant in 


[From Journals of Assembly, U.C.— Appendix, 1836.] 

Mr. Randall's instructions to Mr. Rudsdell, in behalf of the business committed 

to his care at York. 
Mr. Rudsdell will please call at the Executive Council Office as soon as he may 
arrive at York, and inquire of the Clerks whether a Petition has been laid before 
the Council in behalf of Robert Randall, for 200 acres of land, agreeable to the 
regulations providing for settlers, and if so, whether the same has been acted upon, 
and what the decision was. Should Mr. Rudsdell find there has not been an appli- 
cation made to the Executive Council in behalf of Mr. Randall, in that case he 
will hand in the Petition which he holds, to the Clerk of the Council, and beg o 
the Clerk to immediately lay the Petition before the Council, and when the Council 
shall have granted the prayer of the Petition, Mr. Rudsdell will please to take the 
order from the Council Chamber to the Surveyor General's Office, then request 
the Surveyor General to lay the diagram of the Township of Nepean before him, 



wo resume our 


cannot get the 
1 across to thu 

II. J. B. 

23r(], 1808. 
2nd, informing 
r, in Township 
s a lease can be 
•onts adjoining 
[ to cover tbem 
ive not under- 
1 Mr. Rudsdcll 
I greatly oblige 
> your care> 


and Grant in 

ness committed 

soon as he may 
been laid before 
agreeable to the 
cen acted upon, 
)t been an appli- 
, in that case he 
icil, and beg of 
hen the Council 
[ease to take the 
;e, then request 
can before him, 

and examine the broken fronts adjoining Lots Nos. .38, 39 and 40, bounded by tho 
waters of the Grand Kivcr at or near the Chaudi6ro Falls, and mark the letter K 
on tiie said three broken fronts, then lay the order in Council on the said threo 
broken frontH, producing his power of Attorney to the Executive Council as well 
us to the Surveyor General, as being legolly authorized to act for and in behalf of 
Mr. Randall. Should the Surveyor General object to his laying the order on tho 
said broken fronts, Mr. Rudsdcll will inquire how long it has been since they were 
granted and in whoso name,— should he be answered in tho name of Ephraim Jones, 
the Clergy of Upper Canada, and Mrs. Jeasup, Mr. Rudsdcll in that case will 
please to cull at the office of the Secretary of the Province, and there examine the 
Imes of the grants made of Lots Nos. 38 and 4^, and see whether tho Government has 
granted the said broken fronts with the Lots Nos. 38 and 40, but should tho said 
broken fronts be applied for by any other person, Mr. Rudsdcll will please to know 
the date ol tho application, and if tho application has been since the date of Mr. 
Randall s letter to Mr. Boulton, Mr. Rudsdcll will then ascertain why Mr Boul- 
ton has let my Petition lay over to bo superseded by another claim, and should ho 
discover that Mr. Boulton may have acted with interested views, he will then re- 
monstrate to the Governor and show my instructions and Petitions committed to 
the care of Mr. Boulton. Mr. Rudsdcll will explain to the Governor the suspense 
1 have been kept m, and my object for wishing ray claim to cover the said broken 
tront, and that my views are to erect Water Works, such as Grist and Saw Mills, 
. and a 1 orge for making Iron ; that I have purchased from the Government of 
. l.ower Canada, lands opposite to the said broken fronts tho distance of four miles 
q containing an extensive body of the best and richest Iron Ore ; and as the said bro- 
ken fronts are bounded by the waters at or near the Chaudiere Falls, which admits 
ol a situation for erecting such works, and that the lands lying between said Grand 
■I River to the River St. Lawrence, admit of settlement, which is not the case a dis- 
tance of five miles m rear said River on the north side Province of Lower Canada, 
for which reason Mr. R is desirous of erecting his works on the Upper Canada 
^ side, at the Chaudifere iails, which will be convenient in his getting his Ore to his 
works. _ Should those fronts not be granted, and the Surveyor General admits of 
my claim, covering the broken fronts adjoining Lots Nos. 38 and 40, but objects to 
the cJaim covering the broken front adjoining Lot No. 39, as being reserved for the 
benefit of the Clergy, Mr. Rudsdcll will please to apply to the Governor and solicit 
the Governor to permit Mr. R.'s claim to cover the said broken front adjoinin^r 
l^ot No. 39, together with the grant of the small rocky clumps or islands lying in 
. *rontof said Lots with a line beginning from the north-west corner hne of Lot No. 
,<J9, and running to tho channel of said River, and from thence down tho River 
,i 51th the said channel 10 chains below the north-east corner line of Lot Na 40 
inc udmg said bank and water, together with the said rocky clumps or islands lying 
withm the said line ; tho timber growing on said broken fronts is mostly smaU (^edar 
ana spruce pine, commonly called a cedar thicket, and the soil scarcely to bo culti- 
vated, being extremely rocky ;— the distance from the main to the rocky clumps or 
islands 18 about 60 feet, and except in the time of high water the passage is almost 
dry, tfie islands having the same growth of timber as the broken fronts, and the 
sou the same, and that the said rocky clumps or islands cannot contain more than 
twenty acres. By extending a dam from the main to one of the nearest rocky 
clumps and throwing a wing out into the main River, will command a sufficiency 
ot water for Water Works, and except for building works of the aforesaid descrip- 
tion, a grant of said broken fronts and islands would not be worth possessin^r, but 
by erecting such works it will bring on the settlement of the lands in that p°art of 
the mvince which is totally uninhabited, which no doubt Government will be dis- 
posed to encourage, and as Government has granted to Messrs. Shuter and Mears. 
an island large enough to admit of a snug farm, and the soil of the best quality, 
lying at five times the distance from the main, and having a considerable depth of 



water between the main and thowlnnd thuilryost ncnson of the yonr, Mr. 11. there- 
fore flatters luiiisclf ( Joverniiient will In; ('(iimlly diHpom'd to give him nn much nc- 
coinmodatiun ; and na the broken front of Lot No. 'M) liiya so near the pliicu where 
Mr. K. wittheH to build, ho prays that (iovernmcnt may cncouraixc him by taking 
off the reserve, so that lie may have the fee eimplo of the land. When Mr. Kudn- 
dell murks the letter It upon the saidbroki'u fronts, ho will likewise mark the same 
letter on the rocky clumps or islands, and claim the same as broken frontd, uo the 

EasHaco between the uniin and said islands is dry n considcraljlo jmrt of the year, 
ut should Mr. Rudsdell find it out of his power to procure the broken fronts ad- 
joining Lots No8. ;}8 and 40, ho will in that case endeavor to get a grant of the 
broken front of Lot No. lid, including the said islands and water courses within 
a line, beginning at the north-west corner of Lot No. .'59, running with the chan- 
nel of the Itiver 10 chains below the north-cast corner of Lot No. 40, but should 
Government not allow my claim to cover the broken front adjoining Lot No. 

39, endeavour to get a grant of the islands and water courses as described, and 
take out a lease for the reserve Lot No. 39, and lay the remainder of my claim on 
the broken fronts of Lots Nos. 20 and 21, laying on the Kivcr about 4 miles above 
the ChaudiOro Falls, in the said Township of Nepcan. And should Mr. Kudsdell 
succeed in getting a grant of the said islands and broken fronts of Nos. 38, 39 and 

40, and should there not bo a sufficiency of land to fill up my claim of 200 acres, 
ho will please to lay it upon as much of the broken fronts of Lots Nos. 20 and 21, 
bounded by the waters of the River as the deficiency may cover, covering also a 
email island opposite the north-west corner line of Lot No. 21 ; should Government 
persist in not giving a grant of those four rocky clumps or islands, in that case 
Mr. Kudsdell will take out a lease for the same, for as long a time as ho can. 

Cornwall, July 23rd, 1808. 

Dear I 

^ fied that 

; before tli 

? attended 

t personal : 

still hope 

As to wr 

whom yo: 

will go ui 

my exerti 

very satis 

I wrote to ; 

I timber on 

I our water 

PRoBEnT ] 

I shall 1 
ion you th( 


No. 12. 

Certificate of W. McGillivray, Esq., relative to Lands in Nepean. 

[From Journals of Assembly, U.C., — Appendix, 1830.] 

To His Excellency Francis Gore, Esq., Lieutenant Governor of Uper Canada, 
&c., &c., &c., in Council. 

Having been applied toby Jonathan Rudsdell, late Attorney for Robert Randall, 
for our opinion whether the erecting a Mill Dam on the south side of the Grand 
or Ottawa River, Province of Upper Canada, in the Township of Nepean, and 
near the Falls of the Chaudiere, will in anywise interfere or obstruct the passage 
of canoes or boats navigating the said river, the said dam to run from the main 
shore to an island in the river, a distance of about sixty feet. 

We do hereby declare, for the information of His Excellency the Governor and 
the Council of Upper Cnnada, that the said Mill Dam will not, in any manner, 
interfere with, or obstruct the navigation of canoes or boats in the Grand or Ottawa 
River, the usual route for boats and canoes being on the north side. 

Given under our hands, in the City of Montreal, this fifth day of October, in 
the year One thousand eight hundred and eight. 


Agent, N. W. Co. 

|To His E: 


f The Pet 
Vince of U 


■^ ThatYc 
•ince the y 
#ny land oi 

Ijvo hundrc 
Boulton, s{ 
Township ( 
who engag( 



Signed befo 


Mr. U. thcro- 
iin nH much nc- 
lic pliico where 
liiiii l)y tiiking 
hun Mr. KiuIh- 

ninrk tho eaino 

I troll td, UB tlio 

t of tho year, 
)kcii f'rontfl nd- 
a f^ruiit of tho 
courHOH within 
with the chun- 
40, but should 
iiin{^ Lot No. 
described, and 
•f my chiim on 
t 4 miles above 
1 Mr. lludadell 
^08. 38, ;jy and 
1 of 200 ncrca, 
^08. 20 and 21, 
covering also a 
Id Government 
Is, in that case 
I ho can. 


No. 13. 

Judge Houlton to Mr. Randall.— Lnnd in Nepoan. 

[Krom JournalH of Assembly, IJ.C.-Aj.pundix, mo.] 

» T^ c. T I , , . ^^^*^> ^^^''' January, 1809. 

Dear S.r,-T noknowlopo the receipt of your several letters, and am muoh morti- 
fied th« you should think yourself neglected. Your affair has been rcnoa e lly 
, before tlio Council, so anxious have I been on your account, that I have pcVsona ly 
J attended the (.ovemor, also the Chief Justice, out of Council, and exerted nv 
S personal mterest in your favour. Though you are ordered personally to a tend" J 
HtiU hope to got through without ; I am promised another hearing nexrCoimcil 
As to wnting. I have once or twice written to you myself; and John RoLson 
whom you know to be with me. has also written to thccaio of Mr. Co/ona-^^^^^^^ 
will go under that address by a gentleman I can depend upon. You mrrelv on 
I my exertions, and 1 think you will ultimately succeed. Tho certificates /ear« 
I very satisfactory. I was at the Council office yesterday. My o'llienry' aJso 
Ijyrotctoyou on tho reserve. The Council wanted an Jffidavft Ttho sSes of 
f timber on the Lot-tho reason of which is cvident-that where, on the banks of 
I our waters, wo have either oak or pine, they reserve them for tho navy, &c 

Yours most faithfully, 

OBE-T Randa,.,.. E.q„iro. . ^'^'''"^ BOULTON. 

Ottawa liivcr. 

JonVnl?ll,!!T *'' "???'° ^'^^ ^""'-^ ^°^^" ^°''°''° 'o^^'^tion, shall consequently draw 
|0D you tho moment I have certainty of buccoss. ^ 


n Nepean. 

Uper Canada, 

lobert Randall, 
of the Grand 
f Nepean, and 
uct the passage 
from the main 

I Governor and 
n any manner, 
rand or Ottawa 

of October, in 

, N. W. Co. 

No. 14. 

^ Petition of R. Randall, for Lands in Nepean. 

^^° ^"iw'r'^ Francis Gore, Esq., Lieutenant Governor of the Province of 
. upper Canada, &c., &c., &c. 

I In Council. 

\in^^n??f '°" n ^'^^^'•t ?=*« Ja". Of Cornwall, in the Eaatern District of the Pro- 
vmce ot Upper Canada, Merchant; 

* ^ Humbly Shewetu: 

; That Your Petitioner has been un inhabitant of the Province of Upper Canada 
•ince the year 1799. has taken tho Oatl- of allegiance, &c., and has no^r received 
#ny land or order for land from the Crown. ^t-t-eivea 

4^vSimfr'.!'f ^''"' ?t!!^^^"'V P'"'7« Your Excellency will be pleased to grant him 
.^vo hundred acres of His Aln-osty's waste lands as a settler, and to permit D'Arcv 

&T''Tm'''^^°'''',^'^"""^'*^^'*^^"'^ Attorney to locate said land in the 
*ownship ot Nepean, and receive the Patent when the same shall be completed 
wno engages to attend to the same agreeably to the existing regulations. 
And Year Petitioner will pray, &c. 

(Signed,) ROBT. RANDALL. 
Signed before me at Cornwall, this 23rd day of September, 1808. 

(Signed,) J. G. COZENS, J.P 



I certify that Robert Randall, the above Petitioner, is the person he describes 
himself to be, has taken the Oathof alleg. ncc as prescribed by Law, and to the 
best of my knowledge and belief has never received any land or Order for land from 

the Crown. 

Given under ray hand at Cornwall, this 23rd day of September, 1808. 

(Signed,) J. G. COZENS, J.P. 

Endohsed.— The Petition of Robert Randall. Received 1st November, 1808, 
from Mr. John Robinson. (Signed,) John Small. Lt. Governor's Office, York, 
8th November, 1808. Referred to the Executive Council by Order of the Lieut. 
Governor. (Signed,) Wm. Hatton, Secretary. Certified, \Vm. H. Lee, Actg. 

To His Excellency, Francis Gore, Esquire, Lieutenant Governor of the Pro- 
vince of Upper Canada, &c., &c., &c 

In CouNciii. 

Petition of Robert Randall, of the Town of Cornwall, in the Eastern District of 

the Province of Upper Canada, Merchant ; 

Humbly Shewetu: 

That your Petitioner has been resident of this Province ten years or thereabouts. 

That he was the original Proprietor and Builder of the Bridgewater Mills, in 
the District of Niagara, being the first Mills in this Province that manufactured 
Flour for the European Mcrkets. 

That he was the Contractor for, and built the Church in the Town of Cornwall, 
whereby he sustained a considerable loss. 

That your Petitioner took the oath of allegiance to his present Majesty on his 
becoming a resident of this Province. 

Your Petitioner, therefore, prays Your Excellency, in Council, will be pleased 
to grant him such a proportion of His Majesty's waste Lands as Your Excellency, 
in Council, may think meet, and your Petitioner, as in duty bound, will ever pray. 

(Signed,) ROBT. RANDALL. 

York, 20th February, 1809. 

Receiver General's Office, 

23rd February, 1809. 

Mr. Robert Randall has paid into this Office, Forty-five pounds, eleven shillings 
and seven pence half-penny, HaUfax currency, equal to £il Os. 5d., st.Jiing, for 
Patent Fee on 1000 acres of Land, granted by Order of Council of this day, under 
the Regulations of the 9th January, 1804. 

(Signed,) P. SELBY, 

To John Small, Esquire, 

Clerk Executive Council. 

Acting Receiver General. 



I herebj 
from Robe 
jffice afFec 
bhe sixth c 
3f Nepean 

Sir,— 1 1 
3haudicre '. 
bis place ; 
.laving som( 

tat you wc 
nefit. Pi 
liich things 
«»use to lea' 
ay hands, d 

t eater part 
imuel Ben 
ilksire you t 
tile same foi 

Read in Council, February 29th, 1809. 
The Petitioner recommended for 1000 acres of land, under the Regulations of Nepean, 

the 6th of July, 1804. ^ ^, . ^ 

^ (Signed,) THOS. SCOTT, Chairman. 



he describes 
', and to the 
f for land from 

ENS, J.P. 

ember, 1808, 
Office, York, 
of the Lieut. 

[. Lee, Actg. 

r of the Pro- 

rn District of 


)r thereabouts. 

vater Mills, in 

1 of Cornwall, 

klajesty on his 

will be pleased 
ir Excellency, 
will ever pray. 

uary, 1809. 
sleven shillings 
1., Stirling, for 
this day, under 

irer General. 

29th, 1809. 
Regulations of 

(Signed,) FRANCIS GORE, 

Lieutenant Governor. 

Robert Randall; Referred to the Executive Council. 

(Signed,) FRANCIS GORE, 

Lieutenant Governor. 


Act. C.E.C. 

No. 15. 

[Prom Journals of Assembly U.C., 1836.] 
Register Office for the Counties of Leeds, Grenville and Carleton. 
s . Elizabethtown, 5th February, 1811. 

t I hereby certify that no memorial of any deed, conveyance, or other incumbrance 
Wn R^rt Randall to any person whatever, appears ristei^d in the BoSoJ^s 
l^ce affijctmg the fblWmg parcels of land, that is to say. Lots Nos. 10 and 11 in 
tf Clnn °"tTS* °\ 7-'""u ' ^'"K" ^"*'' ^°^- 10 ^"d 1 1, in the first concession 
InnfTJ m-^ ^u' ^^ '"i^" '''°".^' ^"'^ '^^ easternmost, or front, three-fourths 
Dt Lot No. 10 in the second concession of Nepean. 



No. 16. 

Mr. Moor to Mr. Randall. 

[Prom Journals of Assembly, U.C., 1836.] 

u!!"^"^ ^^''u ^^''u- ?".* i° peaceable possession of the place at the foot of the 
^haudicre Fal s, wbch belongs to you. Sir, by John Torry, late agent for you at 
«.s place; and he having absconded from tins place to the United States and 1 

Inefit Prnl^^- ? """ -^ ^'"'' "^ otherwise, how I am to dispose of it for your 
Eo^ *i- ^'°7^'"? I remain on your place, I will take the best possible care of 
J h things belonging to you which are entrusted to my care; but^if I hould see 

JfrhandT/'"? '""' ^ ""^ '' ^"°^^ °^y°" ^'''^ -- '' d'«P««« of things a 
Seater mrfn *° ""' ? ^^"' ^'""^''^y' ^ ^^" "^«^^'«^ '"^^^^ you that the 

E!^:fni^R !-^°"'F''Pe''*^ ^ere was deposited by Mr. Torry, in the care of 

IsTretu'Jo tf ' """• f'^' ^'^^" ']''''' r ''''^' ^'-'•^^^f those thTngs, I 
# same for vou ""' ^'^^ "'' '"' credentials as will enable me to secure 

* T O- 

5 1 am. Sir, 

Your most obedient and very humble Servant, 

Nepean, 12th March, 1813. ROGER MOOR. 

, Chairman. "*~ 










No. 17. 

Petition of 11. Randall to Lieutenant Governor Gore. — Lands in Nepean. 

[From Journals of Assembly, U. C, 183G.] 

To Hia EcexUency Francis Gore, Esquire, Lieutenant Governor of Upper 
Canada, &c., &c., &c. 

The Petition of Egbert Kandall, — Humbly Sliewetli. 

That in the month of February, eighteen hundred and nine, Your Excellency in 
Council issued your warrant for one thousand acres of land in favour of your 
Petitioner, the patent and survey fees being duly paid to the acting Receiver 
General, on the 23rd day of February, 1809. That your Petitioner only received 
a patent for 950 acres, reserving 50 acres of the warrant for a future location, 
which your Petitioner intended might cover some rocky chasms, which properly 
belong to the broken front of Lot No. 40, in the first Concession, on the Grand 
River, in the Township of Nepean, District of Johnstown, which said Lot bears a 
portion of your Petitioner's location, out of the nine hundred and fifty acres. That 
your Petitioner was directed to obtain a certificate from some sworn Surveyor, or 
neighbours near the Chaudiere Falls, that he and they could walk, in the dry | 
season, from Lot No. 40 to the rocky chasms and not wet their feet ; in which case 
the said rocky chasms would be considered part of the broken front of said Lot, 
and the fifty acres unlocated were to cover the rocky chasms and the intermediate 
space therein contained. But at the return of your Petitioner from this 
place in March, 1809, to Montreal, he fell a victim to the sharpest persecution, \ 
and was unrighteously imprisoned for debt, and in close confinement to the 13th of 
last month, which not only prevented your Petitioner from obtaining a certificate 
relative to the rocky chasms, which he could have done with much ease, but also 
from prosecuting his establishment at the Chaudiere Falls, in the Grand River, 
which as well as the property which your Petitioner had sent on, to the amount of 
five hundred pounds, as a commencement in his business, entirely perished as soon 
as the late War was declared by the American Government against Great Britain. 

Your Petitioner would have proceeded to his place at the Chaudiere Falls for 
the purpose to obtain the relative certificate after obtaining his enlargement, but his 
debilitated state, and the fast approach of winter, made it requisite for your Peti- 
tioner to proceed to this place, from thence to Niagara, in order to look after his 
property in that part of the Province ; and your Petitioner now conceives that he j 
hi ' ' 

he woul 
cannot b 
Falls. . 
says, he 1 
season of 

I the same 

|tion is to 
Your Exi 

i sufficient, 
be issued 


jthe upper 

ithence to 
unning w 

[down the i 
ixtreme pi 

[a small oal 

umber fo; 

idge, folio 

ivith all th 
And, as 

''ork. Up] 

fr. Rand 



has the tacit appi'obation of those who wei'c his adversaries, to proceed in makinc 
his establishment at the Chaudiere Falls, on the Grand River, by their granting 
him his enlargement, and ottering him their friendly assistance. He also flatters 
himself that his long and sharp sufferings are considered by those whom he viewed 
as enemies, to be an ample atonement for their unonvied and friendly return of feel- 
ings. And as your Jiixcellency maybe well informed of the great utility your ' Dear S.., 
Petitioner's establishment of the Bridge Water Works, near the Falls of Niagara, ; dly imposs 
were to the prosperity and growth of that part of the Province, he hesitates not, tc < fr. Jarvis 1 
say his establishment at the Chaudiere Falls, on the Grand River, will be of equal, Jttention to 
if not of superior importance to that section of the Province. Your Petitioner can 
with truth say, that his Bridge Water establishment at Niagara, gave a spring to 
the agricultural and mercantile interest, not only throughout the District of Niao-ara, 
but the Province at large; for your Petitioner was the first person who manii 

fiictured Flour for exportation in the Province of Upper Canada. Previous to 
your Petitioner's establishment at Niagara, both farmers and merchants were so 
circumscvibcd, a® to be of little service to each other. His mercantile establish- 
ment at Cornwall, in the Eastern District of this Province, is also known to have 
been a growing benefit to that place ; and had envy not overtaken your Petitioner, 

r Mr, Jar\ 


The busin 

car, when » 

id exert hii 


— jj 

ids in Nepean. 

jrnor of Upper 

ir Excellency in 
favour of your 
ictinff Receiver 
2r only received 
future location, 
which properly 
on the Grand 
said Lot bears a 
ty acres. That 
n Surveyor, or 
ilk, in the dry 
t ; in which case 
nt of said Lot, 
he intermediate 
oner from this 
)est persecution, 
it to the 13th of 
ling a certificate 
1 ease, but also 
le Grand River, 
the amount of 
perished as soon 
t Great Britain. 

Lidiere Falls for 
rgement, but his 
e for your Peti 

look after his 
)nceivcs that he 
)ceed in making 

1 their granting 
He also flatters 

vhom he viewed 
y return of feel- 
eat utility your 
alls of Niagara, 
hesitates not, tc 
will be of equal, 
r Petitioner can 
^ave a spring to 
trict of Niagara, 
ion wlio manu- 
a. Previous to 
chants were so 
intile cstablish- 
known to have 
'^our Petitioner, 

Petitioner considers to be part o hj-brokon l?i t f T ; "^ V '''"^"" ^^'^^'^^ your 
cannot be of the least importance eith-rfn cT ^* """?^f ^"''^J^' «^'« "«t or 

accommodate your Petitioner k. est.b i. hino- ll '!]""' u' "•' ^"^^'^'^^^l^, except to 
Falls. A young gentleman w ho a "f IhT '" ''"''"'if '""' *^'« ^^^•""'^'^re 
says, he has hinTself stepped from Lot n mS- f ""^f P^ctedly, at this moment, 
season of the year, and 1 d no rct£footr\.[^^/",*'^' ^^'^^»^^' i" the Avy 
iconsidcredas Vofthebrdl roV^^:^^^^^^^^ '%''""'^^ the chasms should be 

Jthe same before Your Excellency hot ^ vou" -n-'7' •'^"^> ^'"'"" *« ^^^'^^e 
«tK>n is to be relied on, which your iCti toL^r^rnl in ''''""I'^'i^"*^ ^'^ '^^^''^'■a- 
Your Excellency of the nronSv J\^^ f ^^'^^ ^° 1'''°^^ sufficient to satisfy 

sufficient, your PetitionerXt L1 "^^^^27'' l!^' '''' '''^'' ^^ P^^^ 
be issued in the name of your Petitllrirfdlows l^"'"'"'^^ '' ''"^'^ ^ ^'^^ *«> 

Ithe upper extremity of the fourth chasm tn^ !» and forty, and to run to 
ihence to the extreme point ri^i^^^S^'J^!:;? *° '\' """'^^^ ^'"^f* ^^ ^*' ^-^"^ 
Jrunning with the margin of said^cha n^^ U^ '""?'^'f ''T' "* '^'^ ^^^"^ ^«"» 
Idown the stream to tl^ lower endT^xL^te ^^iJ^^ % '^'^ ""'^^ ''^' ' *'>^"<^^ 
Textreme point or lower end of chasm number Ln^^^^^ ff ^'™' *^''°'^" *^ *^« 
k small oak tree or boundary mark in the nor h L r"V u"'*^ '" ^ ^^^^"^ht line to 
Umber forty, at the water's ed'e of t e GranV?r 't '''' '"^^ ^"'« ^^ ^ot 
edge, following the several turnings and wind n. J 'V /^^"^^^vith the water's 
ivith all the intermediate space 1 erein con nfnpf T-^' *°f;" P''^^^ ^^ beginning, 
And, as in duty bound, ,'our Sirr^retr^S::"-" ^''^ ^"" "^°^« ^ ''^' 

ork, Upper Canada, November 2nd, 1815. ' ^^^' 

No. 18. 

^ r. Randall's Suit at Law to re«)vcr^I)ama,^es relative to Niagara Falls 

Hon. GEonoE S. Boultox to Major Randall. 
[From Journals of Assembly, U.C., 183G.] 
I Dear Sir V i .. , Bkockville, 7th September, 1816. 

vo guineas as a retainer. ^'°^ ^^^ g»ve him 

'ill exert himWfcVoi In htte °' ''° '^™"^' ^''- '''""'' ^ ™ =«re. 

Yours truly, 



No. 19. 

Lands in Nepean. 

IFroiu Journals of Assembly, U.C., 1836.] 
Sir,— Yours of the 2'5fh V«, u , ■^^"'^"' ^^th December, 1816. 

ehallvisit the lot in question, a,,daicertI^?Z I °* .J»»'.""J'' »» wliicii time I 

*otch„„dcenifi.ato%„doi,;;tr/ri^aor,:t?S:t";o";'' ""'"" ^'"' » 
I have the honor to be, Sir, " 

Your most obedient Servant, 

Gr. S. BouLTON, York. Deputy Surveyor. 

No. 20. 

Niagara Falls Estate.-Boulton ; Attorney. 
Th. ^.u\ . L^^^'^^'^ Randall vs. Elijah Phelps 1 
dispuTbtltrthe^^t^^^^^^^^^^^ *^« --'^eraiion of the subjeet in 

ey, the Counsel for the DeSrnt^'.u es /br'"^,^'"*^"^/ '"^^^^'^"^^^ I^^^rsd- , 
between his client and the pSS S^o^ ''^'°'? f ^ '"PP^^^^^ ««»tr«ct 
in tlie pleadings of this cause ^K McCulSy T'k t^\vremises mentioned | 
Mr. Randall, objects to, and because ^ev"S ''^'°^ ^'' ^°"^^°"' Counsel for ' 
jectionablelo either party ^ *'''°°°* '^PP^'"' ^° "'"Pire who is unob- 

3l8t December, 1816. 


No. 21. 

Mr. Barrows to Mr. Randall. 

[From Journals of Assembly, U.C, 1836.] 
^,V i-T • 1x1 . Long- ASH Estate, Nepean, Anril '>7fb isie I 

thM^of K'^rra^f: &j ttS r >? «™^ Kivt 4 

is No. 40 belong, to you, T have faCX iSv ^J ti°VT^'°'°'"« '° ?'"'' "'"'«'' 1 
are d.,po.ed to part with it. and on what ter^f ^^^^tlJe? '" ^^ ''^'"i 

I remain, Sir, ' 

Your very obedient servant. 
Major Randall, J. BARROWS. 

Little York, or elsewhere, Canada. 

Mr. Ri 

your situ: 

of an ans 

to make i 

pected yc 


been suc& 

intended 1 

quick as p 

you are in 

acre or t\v 

If you fee 

we may cc 

my letter i 

I have tak 

River, whi 

the Chaud 

It is your i 

time to ere 

Would be g 

Mands relai 

forward yoi 

hy your sp< 

fearful my ] 



sceraber, 1816. 
shall with plea- 
it. which time I 
(1 enclose you a 


utj Surveyor. 

f the snhject in 
lat Mr. Bearsd- 
'posed contract 
ises mentioned 
>n, Counsel for 
who is unob- 

27th 1818. 
nd River, in 
mine, which 
know if you 


]\o. 22, 

Randall's 1000 Acre Grant'.-M:. Lee to Mr. Randall. 

Dear Sir -The dat Th ""' "'" '^'''"^''^' ^-^" '"'''^ 
I grant of lobo, is 5th Sep'teLber'^^rs/g. ^'"°''^ *° ^"'"*° ^« ^''''> to complete your 


R. Randall, Esquire. WILLIAM H. LEE. 

No. 23. 

Mr. Downes to Mr. Randall. 

[From Journals of Assembly. U.C 1836 ] 

Mr.Randall:''sr-l'dirr^^^^^^^ 7th February. 1819. 

youraituationonthe'GrandChru 4/^^^ *« Jo- lasf fall about 

of an answer; when I had the nW^^l e ' • ^^''""^ ^ ^^^« "»* had the pleasure 
to make speedy preparSa tot a - UircSt^^^ ^'" '^'^' '' ^' ^^^ ^'Sd 
pected you would have commenceTwevLusTn t^' '^ T"'"''"'^" ^"«i°«««' and ex- 
depending, has terminated in your fCrshonk/ V^T'i your lawsuit you had 
been successful, as I apprehend vm,ro!?T ^ ^^"^'^ *» ^earn if vou have 

>nl.nded to make last ^a'r-Tfvo'^ld be „" d^^^^^ '^^^ '? P^^^^"*^^ *h« -^^t you 
quick as possible, ifyou would dispose of anv^^^^^^^^^^^ to inform me as 

you are inclined, I would beo- leave to off/r IT ^u"' ''''"'^ ^^°^« mentioned. If 
acre or two, immediately on ?he Point \^J- ^''it'''^ f '""^" Po^t^O", say an 
If you feel disposed, wo'^.ld thank Tou oTnfof r^i ' if "^'^^ P^^^^^^^^^ ^^ ^«te " 
we may come to an understanding ^InZ fj''"'."'^' ^'^h your conditions, hopinff 
»y letter from, but the situation loes nonsuit r«r uT' .^^f''^ I have directed 
I have taken a large concern at the f ant nil t ° '^f ^°'' ^"«'"ess as one above. 
River which will be a place of cons^^er.lL f V"° ^f ^'. ^^P''^^' i° *he Grand 
he Chaudi6re, in orde? to esJablhh . .n •"'^^' ^"'^ '^°"'d hke a situation ou 

;t IS your intention to comply^ p te wr^^^^^^ Upper Country ; K 

time to erect a Store for [he Durnorlf 'P^«*^'^>'' that I may not lose an, 
would be glad you would give m^e t^nr?viw7'"^"^ ^""'^''^ °^^* ''^'^^> S 
wands relative to that place, you wotddCshf^ T "" ^° ' ^^J"" ^^^« ^"7 corn- 
forward your designs bvemnowerinri * ^f^^^ executed, shall be happy to 
by your speedy informaLn P'or Jn^ ^ f ^'' ^ ' f^'""^^ ^''^ "'"^^ o^lSfged 
fearful my letter miscarried,'as I Lpeeted an anLt' '''"' °° the subject, Im 

I am, Sir, 

Your very humble Servant, 



No. 24. 

Capt. John LcUroton to Mr. Jlandall-Dosiring to purchase part of Lot 

No. 40, Ncpoaii. 

[From Journals of Assembly, U.C., ISHH.] 

«. TIT, , Nepean, 8 th May, 1819. j 

Mr,~l lia( tl>o Imnoi- of addressing you last Autumn, but not knowinrr vour i 
m c rc.s correctly I run .loulnlh! of your havincr reeeived it. The purnor of S ' 
ctter as well as H-c pre.-.enr, Mas to know if you would dispose of ^a par of your 

m." either bv f ^''^' "^ ^'"r V''""^'^''-^', '^^ ^''""''^ '^ ^^''^^ ^^ '-^e one orC 
ncits c t hei by sale or lease. I have not the honor of bein- known to you person- 1 

m 1 K, uit of thccountry where you at present reside, and althou-h niy military I 
occu,mfon prevented n.y havin<, conununicatiun with the genOemen Ty7r 
ne^hhourhood I l.el.evo yuu_ will obtain inibrn.ation of me ^om MnSaSf 

hd?^,mo enXr "• '^^'"i?^^ •""^^"'^ I^'"'^^'^"* have retired on Captain's I 
I. n-p.iy ot tiie (( th Lcgnncnt, and havin- drawn some lands in this country have f 

i e wl."!' '"i^' T'!^?'" '-'' ^ '« l^'^l''^'^ ^^^^ Chenes, five miles from yonvToUandll t 
H I c :fo e n V "'"r ". "? 'T"^'' \ ^"^ ^ ^''' inconvenience for want of | 
of' roimd k^ onT ° ^ " !='"< '"S, and an, now obliged to builda small store 

ic^ b ?ff ^ ,n w;n''";y"^^',r'^"^''' '^ ""^ "Srecablo to you, I will immediately | 
IT! i r'S'^:^^" ^' 1 ^'t'''^",- '^cll or lease one or two acres at the lower point next '' 
to^thc Island, u. the Bay, I shall be glad to know your terms by the earliest oppor ' 

thr;Zi^./^-^'X /r \'\'' ^\^^^ oi nnrrorrs, who pretends to be agent for] 
tliat piopeit3 , «//rA9 Jlonn/, but as I could not believe that he was entrusted with ^ 
any property, I have npt applied to him. If you have no ao-ent he.^ and tha I 
can be m any way serviceable in that line, thm,gh not with tC vS^f ^unkrv ' 
n.o ives, but merely for the advancement and settling of the countr7 1 S vou ^ 

^o:r"'^ll r '' ^ 'Y' ^' ^" ^""" ''^' ''^^'^'y '^ communicate^^h yc^onS ' 
bul^cct. N ould your business at any time lead you to York, please nintion mv^^ 

^r ^^als'^^t^""^^'^"' with whom I have had \he honor c^tS^^^r^^^a ^ 

T haye the honor to be. Sir, 

Your most obedient humble servant, 

KoBEnT IU»„A,,L, Esquire, Chippawa. •™°- I"=I'K'=TON- 

Henry J 

Hon. 11. 

No. 25. 

Mr. llanclall to Hon. IT. J. Boulton.-Thc Attorney threatens the^ 

Client with a Suit at Law. ^ 

,„ [From Jomnials of AsRcmbh', U.C., 18301 

(Copy.) ^' '^ __ 

Tr „Vt t> t. . CiiippAWA, May 17th, 1819. 

i^lENRv J. BouLTox, Esquiro, 

CnbinVw'^v '/ ^^^/' ^^T^*^-"' '"•" '^''''^'° '"^^ *^'"SS- If vour knowledge of the! 
racasuic you wibh me to adopt in your letter that has been just now handed to mc, 

To Robed 

" Sir,- 
" Smith, V 
" one, and 
" with imj: 
*' professio 
" any furtl 

" you. Yi 
•* my own 
" dollar pel 
** I have y( 
" interest^ i 
" personal i 
** and as I i 
" ment, 1 in 
" paid or se 
*' perhaps ej 
" right to, s 
" reason for 
*' upon the 1 
" the cogno 
" Jarvis I f; 
" may pay I 


ase part of Lot | 

th May, 1819. 
»t knowing your 
purport of that 
f .a part of your 
have one or two 
n to you person- 
und particularly 
ugh my military 
ntlemen of your 
:)m Mr. Samuel 
It that time De- 
;e(l on Captain's 
is country, have 
our Lot, and as 
;nce for want of 
ild a small store 
vill immediately 
wer point, next 
) earliest oppor- 

by young Mr. Smith— I cannot perceive that vm,,. on •. 

that mine will be made much worL h^t^Xil^n!^:::'^:::'' ^^ '^''^^'-^^ 

n-ant of that knowledge lefves n^ Jo^ .larnS .? ''"' ^'"" '"^^^ ^'''''- ^^^'^ 't' '»/ 

we« a cop, of u. >„i;i„,>,,,r»„,^ t,nlt.cS:t- ^ 

I am, Sir, 

With respect, your humble servant, 

[Hexrv Jorxx Bon™ Esquire, Attorney at Law. ''' ^^^^^^^^^- 

I X ork, Upper Canada. 

to be agent for : 
entrusted with 
ire, and that I 
w of pecuniary ■ 
ry, I beg you 
ith you on the : 
se mention my 
ng acquainted 


O. 2G. 
Hon. IL J. Loulton to Mr l^nndill ti. . a^i 

rr^j, ^ t*"™'" ^^Pf^"*^'-'^ t« l'^ '• Assembly's Journal.s.J 

lO ROBEIIT PtANEALL, Chi])pawa, 

' professional assistance, iroui wlnt vou t . ", , ="'i "ot rendering you any 

'; any further than n.y duty to u^ c lent i ,n >/ ^' ^'f' ''''''''' ' ""'"'^ '^^'''^^-^■l 
" you. You gave n.e M'hat I ox cc?o 1 i ^uT '"^ ^ ''" ""^ "'"'" ''' ^^'''^ l'^"^' ^''ou 
;' my own ben'efit and ha for mv f' 1 e ' ' 'r ''" " '"'^r""^-^ ^"^' ^i<^'Vimlf tor 
; ddlar per acre, as there ari^ l^h ' ^ ,. ^ T^:^;''^;, ' Y 'fr """'' ^''^'^ ^ 
X have your note fur £25, due on tho ti, I -,f .^ • \^\ !" adhtioa to wliicli 

"interest, amount to nearW £ 40 in tto ■^•'.""f ' ''"" ^^•'''''•'' ^^""'^■' ^vith 
I" personal responsibility, is mrl^ suLion . T'^\ ^ ^'''''' ^'^'I^^x^'^'ent of your 

'; and as I amSiot looku .i a the e . to x"nn- '^ " ^"^'"'"'^ "' ^"^^' ^'"'^ «'"» ^ 

; ment, 1 insist upon luub^g die n.^; ' 1^ L^du : m^ iS "•'"" '^f ^S '^'^ "^ 1'^^' 
" paid or secured in a sutfident nru^n, ,• V ^" f'''''';''' '''^"^'^^'y l«!-<oi-incd, 

h perhaps expect or wishTt^ but i i n /o,,! 1 ^"'^ ""''^'" ".' ^ '^ '^'^''^'•' ^ ^''""'^^ »o 
;; right to, so^ in proportio j^. 3 ; " .^^^^^^ -'.. 

" reason for witl holiJ.u. ;, rr. ,. . ;, "" '^' ''\ > "" ^•'" ''^'^'^ »o I'onoral 

ircatens the^ 

" reason for witlholdinc- it Ifvmv II ,1 i ^ r'-' '"''^ "'^ I'onorable or just 
'' upon the land, I wilAe c.t t ZuU, ""'" ^'^' '"'^^ '"^ ^'"'^^ ^'^^ '^"'■then 

I " the cognovit tbr your^!!!.!. 'I'V^^^'':^;:""'""^'-- ^'''-^ =- it does. I ,etuni 

tlie ]iost. Mr. 
I" any money you 

I "puii ine (anu, 1 will aoorDt if ..n,l i/^ ,i • ■ > -""^ i-u'f.-^sui 

Cc 'V IT . ^. D' 

wledgc of the - 
jcourse to the 
banded to mc, 

" Your obedient Servant, 

(Signed,) <<!], j 




No. 27. 

Mr. Randall to Judge Boulton.-The Attorney prosecuting his Client. 

[From Appendix to U.C. Assembly's Journals.] 

CiiippAWA, June 29, 1819. 
-My motive in writlnjr this letter to you, is not intended to palliate the high 

Hon. I 


" To R, 

*' causes 
'• as it w 
** of a pc 
" the 8p( 
** you wo 
" from ir 

" raent a 
** which 

" If p( 
" judgme 
" your fri 
*' haps, w 

tonA of «•«.,,. o^.. u , '^ V . "■" •'""' '" ""'' "'lenueu lopaumte tne high 

Tunt nS son Henry's procedure against me, for fees, including the sum of fi^y 

Amount of ?f9. ^°"'* '"«"T'r'?* '" ^'^-^ '""'^y «t^*« «f '"y ^•'^"^^ ^vith Phelps, tJ 
amount of £125 currency, and the interest which he adds making the sum of £141 
16s. 3d., currency-but purely for the respect I feel for you. 

17^ March "iTlT %T ^'-^^'^fi^^, T^l'^ the Bond and Mortgage given him, dated 
x/miuarcn, 1817, (for your and his fees in my su t an-ainst Phelns^ for £100 

LTo^iisfi"? ^•';t''^'"^^ "^ *';i township of Nep^ean. District of jEtown.^ He 
18 not satisfied with ray Note of hand given him for Twenty-five pounds currency 

^r.^S?'r'V^'^'''^''' ^'^«' ^"^'"«^^^' which ife insisted I shouW do.' I 
E vou Z '""'"^•'"^ TT «g^'"^^P''«'P^ for trial at the then Assize, which i 
orZ:/r' i''^'f"S Judge, would not hear, from motives of delicacy, and I 
wriLftn ^ w/" \?\'V' * ?«™«»et of the Court for a future trial ;_but he \ 
writes to me a letter, which I received on the Htli May last, wherein ho says « I 
have sent to my Clerk Mr. William Smith, a Cognovit f^r the amount oTiu I 
you;"t;S:^I;::]: enabled, if so incnncd, to take out an execution against I 

arn^vtr''^-''' '"'■.'•''' *.°/t"^' ^''"^°*^ ^y ^^'- •^«"^«' 23rd instant, wherein he says, I 

the Lcur t?rin°'"i-^ • "^'P°'' for not having signed the Cognovit) ; he also says 

antsTn thJTn'v l,^'"" Vl 'T'\ ^^ f'^-^^"'''' P^r acre, a^^here are no inhabi- 

John Sn,^ JT P- ^""i^J- -^r'"' ^^"^^'^ '"^ « «"'»'»o"« from Mr. Henry 

the land ^iwnWh TT^'f n '^' ^"* ^"^ °^ ^""'^^ '^''"^ "«^t' ^^ ^ork. Whether 
nrl nf V T ^^''^f-^-^o^ar per acre or twenty dollars, it is not my motive at this 

thSo!nnTv T «T™'"/' T ^^ ^''^ ^•^*''^"^« ^^^rcity of money does not preclude 

thro^.h jr • /"^""^ t'i.'' ^.^P^ ^^^ ^^"^ ^^'" "°t f^" i"to his hands. ^ It was 

mv Jnl •' '."pI"",'' *^'i^r- ^'""'y ^°"^t«" ^^'^"^^ ^"Ployed by me to manage 

wJs kuo£'"'th^'t'- ^' '^' r ^ he accepted the management of the cause, he I 

tI?mSf^^"f^^ '"''' moneyless, and promised to wait for his fees until thel 

£^?^^pj£ '• "? '- ^'''^^''f' ^ ^^ "^'^"t^^ ^fter he made up an account off 

mnnko* ^ against me, and required security for the same, upwards of six' 

Mat Ido nT'^'T *\^'f /rguing the cause. I offered him security on land in 

Matilda, a Township thickly settled ; his choice was Nepean ; he knew the land in L „„ . - 

hoth Townships to be good. When you advised me to employ your son, I expectedl °'''\"ty «* 

5ld ?:^ :::^T;r°''"']f ™^ ^^-^P^^^ ^^^^ ^^^ ^ands of^ s^^f^cound^f^Sl^T'^ "'"^ 
dSisionS^^ ''°'!^ IT''^ °^ ?^' ^ judgment bond for fees previous to the ^^ being 
tI?»L f "'^' °' ^^''^ ^ '^''^ t^ ^^ ^"'""^ hy the man employed to assist mel T^gard of ci 
m7^?r fivTII sonare so novel in the law practice of this Province, I consider iti 'IS out a g, 
Z^ufZ' K ^ the friendly understanding that has subsisted between you and me, ^^ '^^'^^ m the : 
^dtLo, of""°''' ^'^''■' you-Dot Sir, that I wish you to palliate the high torn i S^^' 
S^fh „/.// '°" ' «P«C" \t^ve intentions. I may or shall endeavor to meet his I From wh 
wrath at every point, and neither of us may be the winner. fquainted wi 

I am Sir, with respect, |or should nc 

Your humble Servant, |you will not 

„ T .• T, ^' RANDALL. I As to my 

Hon. Justice Boulton, York, Upper Canada. r°^^ ^v»th th 


aa answer, 

Having 1 


ing his Client. 

Tune 29, 1819. 

) palliate the high 

the sum of fifty 

3 with Phelps, to 

the sum of £141 

fiven him, dated 
helps) for £100 
lohnstown. He 
)ound3 currency, 
ed I should do, 
n Assize, which 
of delicacy, and I 
■e trial ;— but he 
ein ho says, '• I 
imount of £141 
xecution against 

lerein he says, I 
t) ; he also saya 
3 are no inhabi- ; 
rom Mr. Henrys 
'ork. Whether ' 
ly motive at thia 
oes not preclude 

hands. It was 
y me to manage 
of the cause, he 
3 fees until the 
) an account of 
upwards of six 
rity on land in 
new the land in 

son, I expected 
ioundrels ; little 
previous to the, 
ed to assist me.,' 
!e, I consider it 
en you and me, 
e the high tone"S 
ivor to meet his ' 

No. as. 

Hon. H. J. Boulton to Mr. Randall-Rolativo to the cause about to he 

"From what has occurred I fl„nno<.« i • /*"^'"°'*^' ®th July, 1819. 

;; causes at the next Tssl^es ; if thatTt le c°se f ,1'' TJ'^- ^ *.^ ^^^^^^^^^^ ^0"^ two 

as ,t will save me some troLbl Indeed Yam tTl'"'"^ '- ^""'''l' ^'"•"ediately, 

*' of a person who is so very illiberal i^.hfs«.nf?^f I ^ """"""' *° be the advocate 

;; the specimen in your for';„er le t ttt sh uld" 11 1"""'^ V'^^"'*^ '^^P''' (^^'-^ 

you would accuse me of not sufficiently exertin"mvsel7Lf "if ^'''l °^" "'^ "^'^"^ 

from improper motives, to obtain undue ad vantX' """^""^ '^' ''^'' '^'' 

: -n{:ndSf:;rrtiX ^-^r r ^^« ^'^^ *-t. 

'- ^ will preclude all misunderstanding '"'^ "'^ ^"°^ *° ^^ «^^^»ced, 

;;judgff^i^r7^^^^^^^^^^^^^ upon which the 

your friends, in Montreal, to apdy Jolhe Offi J f ..^ n "'" ^"^« *« ««™e of 
" haps, will give it up. ' ^^ ^ *'' ^^^ ^^"^'^ ^^ the Court for it who, per- 

" Your obedient Servant, 
C Signed,) 



No. 29. 

Andrew Berrie to Mr. Randall.-A Tenant on Lot 40. Nepean. 

[From Appendix to Assembly's Journals, 1836.] 
Honored Sir,-Having wrote you on thelZlf^nTu' ^'^ ^'""^'^' ''^«- 

-giS:f"frvatti tZZuryt7rT ""f"^ "»° •>= ""- "■■ "■<= Point in 
,»;g out a garden, Bavin "been ArdLT/^ "I'l"'"''"."""..'" "ake a trial, by lay- 

W in tbe Koyai Arti,.ery:ie£| t-fo^^reSy i° tl^^^^fAc 

jquSrd:-?,? J.„t'e\t::lrTbr:v """""''° "r "■= ■>""" °f bdn. ac. 
or Bhoold not have gon?thnsVar S:^rhearir"f '° '"''" 'Hi'"™™"" """"r, 
yon will not think S too much troubfe "o send me Zr"' I ''T ''"'"f""' ^''■ 
As to my character I can n^ A„,.h,f„ ", "*'' ""= *"•"' opportunity. 

-00 >;o„wSrmS''„'b& "'■''"''•' °» »h»' point, in compU- 


Sir, your humble servant. 




In the King's Bench, 


Henry John lioiilton, 
Kobert Randall, 


No. 30. 

Mr. Randall's Affidavit relative to Secret Judgment obtained by Boulton. 

[Prom A]>i)ci)ilix to Assembly'^ Jouiimls, 183(1] 

Trinity Term, 2ncl Geo. TV. 

1 p?^''^''^''' I'imdall, of tlic Township nfStara- 

^ f»»-iJ. J" tho District of Niagara, Esquire, the 

> above narnod Dolenilant, niakcth oath and saith, 

tliat during tlic Session of the Legislature of Fe- 

withMr MMi-rio ;,ffi;-;n . -^/'/,"'^ry'''i^tF'^t, this Deponent in a conversation 

fore to set aside ho said prc.eeodings, whieh the Deponent eoulHcwS- exnoct to 
have been carried to such lengths from promises hild out brthe sa d pEtift' 

(Signed,) UOBEUT llANDALL. 
Sworn before me, this 10th day of July, 1821. 

(Signed,) J. MUIRIIEAD, 
Commissioner for taking aflidavits in K.D., 

iu and for the District of Nia"-ara. 

; 111' I 

No. :]i. 

Mr. Stewart, Barrister at Law, to W. L. Mackonzie.-Statement of the 
Proccedin^^s he took on Randall's behalf in 182], to set aside 
Jooul ton's Judgment. 

solKuesT^v'h ;""'"?' ^':''^\|^^"'^1f ascertained that Boulton had thus secretly 
sola his esta.e ho einployea Alexander Stewart, Enquire, Barrister, then of Nia- 
gara, now of Brant ord, to obtain a reversal of the procee lino-s u .on proper affi^^^^^^ 

l852 S^TfT^^'''''''^-^-^- ''^'^^'^^""^-' J'^^-J ^^--tSl, 2nd August 
1852 thus detads the proceedings, so far as he (Mr. Stewart-) waacincerned in the 

" Home DSct^T r? f S i|i'I';^7''^"'^"J the Piaintiifhad laid his venue in {hcj 
.Home Djstuct (foronto). The Court of King's Bench had made a rule that 


Lot No. 4 
jfront, was sol 
[of Henry Jo 



2(1 by Boulton. 

ul Geo. TV. 
vnship nf Stara- 
ira, Esquire, the 
oath and saith, 

a conversation 
lis land in the 
Hhcrift' of the 
above suit, and 
10 said Henry 
ponent further 

applying bc- 
!vcr expect to 
said Plain tiflf', 
•n is brought, 
thcr's, now the 


" power to make any rule of tl o 1 inV '""^'""1 ^? ^'"^ ^'""''t I'avin^ any audi 

"Statute; that by acouuuo„t„^ 'it,/,;^ T -"traveS/JJ^ 

"tended that ti-jdrumml of. .iJ I /y? .""""'■' "^ ^^'*-' clear that it w.S in 
•; abode. J contend dl'.r,?;''^:' ;;-^ "^>-«t left at the Defend It's Ke of 

; was only to regulate the nt i ^.W u' sl'un!'"! ^T'' ''"T'- ^--^i 
here was no such onuMsioi, the Anf • ^^'''"f« '''-^^ omitted to do so but 

;;duyBbeforei„tcrI..uto;v -u Inntt :|: V^''^''"'' '' '^ ecrverci^K 

;; &"^i?^^.^'-V-lvea'tL ^yf'^h '^i:.:?l '^ -- '^'l - vain. ?he 

" Court ruled thon.sel^^^^C po e • f t T "-"I-' ' '"" '' ^^"''^ '^" i" ;; „; 
' l'rought,l<=:,tonhismort'V K inJh^ "i:*''.'"" ^^ '"r '"otion. JJoul 

the poor Maior, and an an in ;; Zt't ;!.f:^""^^-'!''^'' "^^ "Ported o^ 


'' the i^or ^ralo; Z^Z ^'S^XZ^^ '' ^^^-to'whid. hcT^l^^ted ^^^^ 

;;-.nediately i.ued execu;i::^!;; ^^^i^^^^^V^ ; f ^ '- «nal judgmeSCll^ 

the administrat.un of justice in any .„ mtrv V, ""f ^^^'"f? "ever disgraced 

Bjvy 1 Nvas a friend of iho Major; he'r," 1 '. 'J'u T/- ''" '"« J"«ti<=° when you 

" shall he happy at ,11 times to . ivn t ' t'"iate frie.ia „f ,„y f;,thor. and F 

;; tisfied that i'fier the S. rf f tS d^^^^^^^^^ 'Y } f "' "'»' ^ ^-1 - 

Appeals, that the ^vhole would be IlpLl" ' ^'""°''' ^^^^''^ ^^e Court of 

:ment of the 
to set aside 

thus secretly 
then of Nia- 
propcr affida- 
2nd August, 
icerned in the I 

ThoKarlof l.a.housio. opinilf p „„ „, «„„,„, ^^^ ^ 
. ^^'"cnvood and LeBrcton, ^"J- w, to 

Quebec, 10th December, 1822. 



A true Copy. 


upon the mo- 
f Boulton, vs. 
th, 182 1, J the 
which was by 

No. 33. 

wiiich was by § r * Tyr . . [Appendix to Assembly's Journals, 1830.] 

venue in the 
a rule that 


Deputy Regiet 



Tlio Lots No8. 38 antl 40 on tlio Ottawfi, and No. 10 on the River Uideau, were 
all Bold by the Slicrill'B order in the Court House, Urockvillo, and nurchaaed by L. 
P. Sherwood, Esq. 



Please call on Captain ColliriW, near the mouth of tlie Jock, on the Ridcau, and 
he will shew Major Randall the front of Lot Nos. 10 and 11 drawn by him. 
Miyor Patton, jj^ g^ 

Register Office, Prescott. 


No. 34. 

The Governor General's Reply to Mr. Randall's Petition for Justice, 
in the matter of Lot 40, Nepean. 

[Appendix to Assembly's Journals, 183(1] 

Castle of St. Lewis, Quebec, 21st February, 1823. 
Sir,— His Excellenoy the Governor in Chief (The EarlofDalhousie) commands 
me to acquaint you, in answer to your letter of 20th instant, that he has had under 
his most serious consideration your memorial of last summer, setting forth various 
grievances and acts of injustice to you in your civil rights, on the part of different 
persons connected with the administration of the law in the Upper Province, and 
His Excellency directs me to add that as he does not possess the authority either 
to investigate or redress your alleged grievances, he can only refer you to the Go- 
vernor of that Province who will, no doubt, pay all proper attention to your repre- 

I have the honor to be, Sir, 

Your most obedient servant, 

„ ^ ^ A. W. COCHRAN, 

R. Randall, Esq., Secretary, 

lork, Upper Canada. 


Governor in Chief the Earl of Dalhousie's Decision on A. Berrie's Petition fori 
an acre of the Clergy Reserve, Lot 39, Nepean, Ottawa Front. 

•* I should not object to lease a small Lot on the Clergy Reserve (meaning No.! 
" 39) adjoining the Richmond Landing, to the Petitioner Berry, but I am morel 
" than ever convinced that the purchase of Captain LeBreton is an illegal purchasel 
•< of the Landing Lot [meaning Lot No. 40, granted to R. Randall], and there- 
« fore advise Berry to avoid removal [from Lot 40] while he can— the more so aa 
" Government has, in my opinion, a strong claim upon it, for public service. 

„^ ^ _, ^ (Signed,) " DALHOUSIE." 

« Quebec, 10th Dec, 1822." 


idoau, were 
loflcd by L. 


" It ^'"° ^'°P^-'^^"'- >va3 tho lust dcci 
** 2nd Oct., 18i>;j." 


Riven I,y Ilia Lordship on thiV 

"rSigncd,) JOHN PAIIKIOR, 

"Cnpt. & D.A.Q.M.G. 

lldcau, and 

K. S. 


lary, 1823. 

had under 
rth various 
jf different 
)vince, and 
»rity either 
to the Go- 
'^our repre- 


etition for 

ou L.ot 10, Nupeuii. 

Dv. QuAUTiiu Masteh Gknehal's Opfice", 
This Is lo Ccrtirv thit ]\rnrv V .1 • v Q'>i^bcc, October 10, 1823. 

to keep possession of tho Keys of t ^ Govm u.,iT' 'l\"^^'"^^ '« authorized 
"^ado by persons for rent, ^o.. to ^^^;;;'I5;^^i:;:t;':ZUir^'^'"^"^ 

Jiy Ills Lordship's Command, 


Capt. & Dy. A.Q.M.G. 

lOn'^rAr^W^fe'^ «.ffi-' Q-bc., 14th October, 1823 

Undin,, Otta:;:Ki cr. i>o^"";;:, '•'^^J^r'^? r!:^ it. ArtiHory. ikhmond 
I Qr. Mr. Gonl. ^ '"''' ^^'"- -^^^ J^'«k«on, Captain & Dy. Asat. 

Mr. Ramlull 1^ Liout. Col. Dickson.-Wislios the l\v\ of • . 

ICopy ) ^''™™ ^" ^' "°"'° ''f '^««-"'W/^Jou.naIs(A,.,.e,Klix), 1830.] 

k Messrs. Berrie and ¥htU, &t' "'" *'* ^'''''"' ^" *''^ ^^^t"'-^' possession 

K =~ tile'^ j^;?^i;Jr ;,^'r ^'"l^^r ,'^^^ ^°?^^' -"^^ -^ '-- bee« 
leave to state to yourSi t Hi ' n' ' f 'T ^'' ^"'P'^^'^^^ J^^"^' ^ beg 
Information, th'it Mr rnn..' ; f^'^.'^f •''".^"cy the Commander of the Forces 

\ brother-i^tt- t M "L ^u'in "tl^ ^"^''--"-'''^^ ^« ^^^^ Sherwood, Vit so 

[urn of 01,0 hundred and t\venty-fiyo nonn I < ',. 1 ''''^^ ^^.s property for the 
kosecuting u suit for me in the 4m of ton " i ' ",'''''""" *° '"m in his 
I ie in uic feum of ten thousand pounds, currency, wherein I 



had obtained two verdicts for the aforesaid sum, which Mr. Boulton abandoned, 
and my suit thrown out of Court. His Excellency the Commander in Chief is in 
possession of the case in detail. 

I also beg leave to communicate for the information of His Excellency, that I 
have employed Mr. John Rolph, Barrister at Law, to commence a process against 
Mr. Boulton, in order to set aside the Judgment obtained against me, and for 
which this property has been sold at Sheriffs sale, and as he is in possession of the 
whole proceedings and documents in the case, and being of the first respectability, 
and not long since from the Temple in London, and no way connected with the 
above gentleman, I humbly beg leave to suggest the propriety of associating Mr. 
Kolph with Mr. Jones, in defending Messrs. Berrie and Firth against the suits of 
ejectments, not that I have any reason to suppose that Mr. Jones would in any 
wise be influenced by his connection with Messrs. Sherwood and Boulton, only that 
human nature is generally more or less influenced by family connection, which 
induces me to beg leave to recommend to His Excellency, that Mr. Eolph be 
associated with Mr. Jones in the defence of the said suits of ejectments, and if His 
Excellency should think proper so to do, that he will please to order that Mr. Rolph 
have the earliest notice thereof, directed to him at Dundas, in the District of Gore, 
Upper Canada. 

I have the honor to be. Sir, 

Your most obedient and very humble Servant, 

Lieutenant Colonel Dickson, 

Deputy Quarter Master General, 

Randall's u 

[Copy of A) 

"In the 
« RandaU, of 
" Defendant^ 
" sold under 
" Morris, Mc 
" to the said 
" the conditi( 
" tain other 1 
** this Depon 
*' Landing P; 
*' ments of Hi 

Mr. Rolph 
H. J. Be 
King's Be 

No. 37. 

Lord Dalhousie's Decision. 

[From U. C. House of Assembly's Journals, (Appendix), 1836.] 

Deputy Quarter Master General's Office, 

Quebec, 24th January, 1824. 
Sir, — I have the honor to acknowledge the receipt of your letter of the 31st 
ultimo, which having submitted to the Commander of the Forces, I have received 
His Lordship's Commands to thank you for the suggestion therein contained, but, 
at the same tune to acquaint you, that His Lordship does not deem it necessary toi 
employ further Counsel in the question. 

I have the honor to be, Sir, 

Your very obedient humble Servant, 

Capt. and Dep. Qr. Mr. General. 
R. Randail, EsquiiC, M.F.P,, York. 

This Court 
orders that no 
the Court. 

In this case, 
judgment shoul 
issued upon th( 
should not be s 

A judgment 
the lands sold ii 
sent, had been 
Term, 1821, ha 


Various irreg 
Rolph, some of 
former motion. 
The Counsel 
and also read an 
I larities, and of t 
I partial want of i 
= He also cited mi 
considered analc 
Robinson, Ai 



Chief ia in ,^ 

icy, that I 
less against 
le, and for 
ision of the 
d with the 
iating Mr. 
the suits of 
uld in any 
I, only that 
ion, which 
Eolph be 
and if His 
Mr. Eolph 
;t of Gore, 

No. 38. 

Kandairs Affidavitas to value of Ms L^^^ ^,,,^,^,,, ,^ ^^^^^^^ 

[Copy of Affidavit by E. Eandall, in the handwriting of the Hon. John Eolph.] 

« W ofteowXoT^^^^^^^^ -Robert EandaU.^Eobert 

" Defendant, maketh oath and saUh tC ?1 i ^f"! ^''*"°*' ^^l"'*^' tl»e above 
•; sold under the execution issued n this suit t^V P'^^P^'^^y ^^ this Deponent 
" Morris, Me.nber for the Countv of r«rr„f ' ^T ' ^^eponent wasinformed by Mr. 
'' to the said Henry John BouUon w\i °^' ''*' "°' '^' ^^^'^ ^^ ^and mortLed 
« the condition of the bond on which tie sd W°' "' ^^' ^^«' ^ mentioled^S 
" ta n other lands of this Depornt's of vprt ' ? T '° P^'^' *^^°"g''t' but cer- 
" this Deponent was offered £3000 uJe7 ^'^^* ''^I"!' ^°^ ^^^^ ^ part of which 
" Landing^ Plaee. adjacent S tlpZo'Id" it? >^^ ^^'^'' being the 

« ments of His Majesty's NorthYnSn p"!^^^^^^^^^^^ -°d civil estaSlish- 



r, 1824. 

f the 31st I 
'C received j 
lined, but,? 
icessary tol 


No. 39. 

''a^'Autr^^^^^^^ obtained by Hon. 

King's Bench. ^ ^andall.-Proceedings in the Court of 

[From Campbell's Manuscript Reports.-] 

Easter Term, 5th Geo. IV., April 30th, 1824. 
m,. „ „„ [Boulton w*. Eandall.] 

the Court. ^°°'' "'"' de'eimined, shall again be brought before 

feued upon the ™d SLTtfatiSJ ffi' ""^/l-yi' -"it o{ Jteri%ci«., 

T.™, .., had obLL^ilXI^^Sl^ tLt ^;t^^^^^^^^ 

an Jl''San7S;?(;ifh?"U'd!^^^^^^^^^^^ "■», '"^P-" -«g»>".ie., 
larities, and of the faet, aS SZf tt A i- T " ""'«»■«■>' «f thee irregu- 

partial want of <:ou.ii::Si'7eT',Z^^tlt%^-P:''''f''^ "^ '?'•■• 
no alao cited many cases of n»w trials ,t l^i .„j u .J""*.""™' V obtained, 
considered analogous. ""'' «"''»>"'"«» in equitj, which he 

RCKSOK, Attorney Genc™I, c™,.„_read an affidavit rebnttbg those ftct. «.d 





circumstances, but relied upon the universal practice of Courts of Law (to which 
no exception could be found) wliicli does not permit a cause once detenniued, ujjon 
motion and argument, to be again brought forward, cither upon the ground of the 
same or othor irregularities, not befove'insistod upon, lie cited and read the Kulc 
of Hilary Terra, 3rd James I., by which it is ordcvcJ, " That if any cause shall 
" first be moved in Court, in the in-escncc of the Counsel of both parties, and the 
" Court shall thereupon order between those parties, it the same cause shall again 

be moved, contrary to that llulc given by the Court, then attachment shalt go 
*' against him who shall procure that motion to be maile contrary to the Ktde1)f 
" Court so first made ; and that the Counsel who so moves, having notice of the 
" said former Rule, shall not be heard here in Court in any cause in that Term, in 
" which that cause shall be so moved, contrary to tiie Rule of Court in form afore- 
*' said." The Counsel also cited authorities, to show that no motion can be made 
upon the ground of irregularities, not noticed upon a first motion. 

Campbell, Justice.— Upon the opening of this matter, I thought it strange, 
and was indignant that the irregularities pointed out by the Defendant's Counsel 
should have taken place. AVhatcvcr were the grounds, it now appears that those 
irregularities have been discussed and decided upon for many Terms back. The 
Counsel has referred to a number of authorities which it v/as to be sujjposed he re- 
ferred to, as upon a first application and discussion, but it aj)pcars that was not the 
case._ If they are to be considered as furnishing authority for openino- and re-con- 
sidering matters already decided upon, they do not apply. ° 

Upon reference to the order in Hilary Term, 3rd Jauics 1st, it appears such se- 
cond discussions cannot be permitted. Were it not for this salutarv rule, nothing- 
could be more uncertain than the proceedings and decisions of Courts of Justice! 
There is also a penalty attached to the breach of the rule, which, as this is the first 
tinie It has been attempted to be infringed in this Court, I should not wish to see 
enforced; but upon any IViture attempt of the kind I should. 

Chief Justice (Powell.)— I concur with my brother Campbell, and for the 
reason given by him, I also consider that the penalty may be dispensed with. 

Per Curiam — Application refused. 



No. 40. 

[From 3Ianuscript licports.'] 
In the King's Bench. — Boulton m. Randall, 1824. 

Trinity Term, 5th Geo. IV. 
The proper style of this Court is " before His Majesty's Justices," not before 
the King himself, " coram vobis" not " coram nobis.'" 

Washburn moved for an allowance of a Writ of error, coram nobis. 

Boulton, (Solicitor General)— objected that the writ should be coram vobis,- 

that all writs here should be returnable bel'uro His Majesty's Justices. In Englandl 

the Court of King's Bench is ambulatory, following the person of t'le King, but| 

here it is stationary. In England, the rarllamont may sit in Westminster,' and 
the Court of King's Bench where the King himself is, but in this Country the! 
Court must sit where the Parliament sits. 

_ The Attorney General, (Robinson,) observed, that if the writ was defociivcl 
It might be quashed in tliis Court, or in Ciiancerv. To tills observation the Chict'l 
Justice (Powell) assented, obcjcrving (with the Court), that the style of the Court] 


r (to which 
iiiucd, ui)on 
jund of the 
ul the Rule 

cnusc shall 
ics, and the 

shall again 
snt shall go 
the Utile of 
jticG of the 
\t Term, in 
form afore- 
an be made 

; it strange, 
t's Counsel 
i that those 
)ack. The 
osed he re- 
kvas not the 
md re-con- 

irs such sc- 
e, nothing 
of Justice, 
is the first 
wish to see 

nd for the I 


hitherto adopted in writs, Avas imnronor hnf +l,nf +i ^^ 

practice which had obtained fbr^!;Z lenglh of tin'r"^ '''^^ "'' ''''''^''' ''''^ ^ 
Per Cumw— Writ allowed. 

No. 41. 

Mr. Washburn to Mr Randnll, on sotting aside the Boulton Judgment. 

[irom Journals of Assembly, U.C, 1830.- Appendix.] 

w^ld'pe'rmd SSsed a^nTt'e loir''' ^' J^^'^ n^ af sooH^ TLy 
Error, stating Mr Sue on wLh '^^^V-V"''/' "1* ''^« ^"''J^^<^ "^ ^^^^ Writ of 
of receiving a^ note fron the M o ' ZT\ i • ^ '^''^ '''^S' 1 1'^^^ the honor 
will see, therefore, tha thus We 1 SL •",''' ^^"''"'' for your perusal. You 
after. I have been favo ed ti - ?> '^^""/""Slj; 'however we may succeed here- 
impossible for him to at n e o^nJi'^^'A- ^^'^^'^'' f "^ing that it will be 
sorry for it, as I wanted hi tsiTanoo ?. ' 'l *^.^''''' '"^^ "^ ^^'^ ^^'«'-"^- I --i'" 
I mist ot course purs'^ it wlTZ v '• ^/ • ^' ^T''''''''' ^^ ^ ""^ ^«"ly '" ^or it, 
(and very small t oy r e i know w3 ^ '''''"" '''° T'^'''' '^^'"^ «'»«" '-^1^^"''^^ 
as there is no one tl in" ^k 11 ^J" nm'^ '''' f •"'"^^^ ^^'^'l "^^ '^^"^ ^"^ y«"- ^"^ 
I would not have yoi/ir.n ''.!;? v''^""^'^'*=\"^ ^''^"^ '^'^ certainty of the law. 
Term begins ou M^day, 5th^July; °" ^^'""^' ^^'^'^'^ >'^" ^'^'^ ''^ ^«"tend with. 

Faithfully yours, 

Egbert Eandall, Esquire, Stamford. ^' WASHBURN. 


" Government House, 

" York, 22nd June, 1824." 



r ' .1 

leo. IV. 
not before! 

im vobis,- 
n England! 
King, but! 
inster, and! 
ountry tliel 

3 defontlvf i 
the Chicfi 
the Court! 

No. 42. 

Mr. Kandall's Title to the Niagara Falls Estate. 
[Cop.d from Fr. Collins. «-ogra,.ue^I^.po. Trial of R. R...... ,, 


Witness held a Tatcnt from the Crown fbr the Rrid-ewatcr ^Yorks (T\. 
latent was produced. It was dated 2nd January ISlc" ^in .),, l?l H ^. , 
"Item sworn to by Mr. Randal!, and lOV uercrn ore ' '^ ^'^"^ 


• Cross-Examined by iMr. Rolph.— ^Vit 



i^ower Canada— saw him in Montreal Gaol— 

ne?s visited Mr. Randall while in caol 

sked 1 


iini to transfer to him (wit- 


; nesa) hia Mr. Randall's) interest in the Bridgewater Works. Mr. Randall had a 
claim on one-third of the Bridgewater Works, under a lease for 999 years, from 
"Orenera Simcoe. Witness visited Mr. Randall in Montreal Gaol for other pur- 
" poses also. *^ 

near the ont 
busy at my 

To Mrs. Fu 




[Extract from Honorable John Rolph's Address to the Jury during said Trial] :— 

" Randall has tasted the bitterness of protracted imprisoumcnt in a Foreign Gaol, 

"and It is now proposed to make him suffer martyrdom in life pillory ! For seven 

* years he was immured in a dungeon in Lower Canada, where he suffered priva- 

" tions, the detail of which would make h aianity shudder. Engaged as you are in 

" the active and diversified pursuits of life, there is much to occupv your attention, 

* and divert it from a thousand vexations which are attendant on the fate of the 
' most fortunate of men ; and even when business has lost its interest, or brought 

" fatigue, nature opens her exhaustless stores, to invigorate the body, to delight the 
" senses, and to regale the mind ; but in a gaol, there is nothing to fill up a tedious 

* existence— It is there almost worldless as the grave— no important trifles to incite 
" desire— no prospects of success to animate with hope ! Randall's care-worn soul, 
*' vacant of employment, and harrowed up by thought, ^^as there left to turn upon 

* J^tself for years, to witness its own forlorn wretchedness, to mourn the prospect it 
"had lost, and brood over the miseries to come. It was thought that the poverty 
" and wretchedness brought upon him, would break down the spirit of the man ; that 

* nature, however buoyant, could not bear up against such complicated woes. Many, 
" many a man, thus made a prey to accumulated sorrow, is doomed to hang the head 
" of despondency, and when ushered into prison, every remnant of former vigour, 
"that might promise a successful struggle, is soon exhausted by despair. But 
" Randall survived the wreck of his property, and the miseries of a prison." 

[Remarks b^ the Petitioner.— Colonel Clark admits on oath that, althoucrh he 
kept Randall in prison, and sold valuable estates of his for a mere nominal price, 
through the Sheriff, Randall had a claim on the Falls Estate, withheld from him by 
Clark. Mr. r;hief Justice Macaulay, when Boulton's student had been directed to 
swear that he (Macaulay) did not know where Randall lived in the Home District, 
where Bou toxi knew he had never lived, and that his home was a hundred miles 
distant, at Chippawa. Through this oath Randall was prevented from knowing 
that Boulton had proposed to make a demand of plea from him, which was no de° 
mand, for a scrap of paper s^uck by Boulton in an Office at Toronto, was no de- 
mand from Randall, who resided a hundred miles off. Under this pretended notice, 
however, Boulton secretly sold one of Randall's most invaluable estates, on a claim 
of about £142, which he got, and Sheriff Stuart (his brother-in-law) probably kept 
the remainder, about £300. His heirs or assigns, under 7 Will. IV, c. 3 sec. 3, 
can plead the Statute of limitations ; Randall got not a penny. Soon after, Mi! 
Macaulay, acting for the Crown under Boulton's directions, vainly tried to convict 
Randall for perjury, because he had sworn that lands thus gambled or juggled from 
him were still his.] ^ 

To the Hono 

The Petition ol 
Humbly Shew 
That in the y 
abouts, your Pc 
Montreal, 4th .January, 182?. m General ag his 
Dear Madam,— I have the pleasure to inform you, thatHis Lordship the Com-l tween the "Petii 
mander of the Forces has kindly complied with your request to build a good house | continued such 

Sir,— At t 
m Should you i: 

Robert Ran: 

To write to 
that he (Lemi 
Nepean; also 
but the Sherif 
Mr. Randall's 

24th March 
A. Sherwoo 

No. 43. 

Colonel By to Mrs. Firth, relative to part of Lot 40, Nepean. 



ndall had a 
years, from 
' other pur- 

l Trial] :— 

reign Gaol, 
For seven 
ered priva- 
i you are in 
c attention, 
fate of the 
or brought 
delight the 
p a tedious 
les to incite 
■worn soul, 
turn upon 
prospect it 
he poverty 
man; that 
!S. Many, 
]g the head 
ler vigour, 
pair. But 

though he 
linal price, 
■om him by 
directed to 
le District, 
idred miles 
\ knowing 
was no de- 
vas no de- 
ded notice, 
on a claim 
bably kept 
13. 3 sec. 3, 
after, Mr. 
to convict 
ggled from 

Era'^mrno^rS"™"^^ '' '''"'"''"'• '^<^*»^^ y«" and Mr. Mwy 

Believe me, dear Madam, 

Youra faithfully, 
To Mrs. FinTH, at Point Nepean. J OIIN BY. 

^E»„„.«.„._T„M^rir.b, Point Ncpean, near Hull, Upper Canada, 


No. 44. 

Mr. Sheriff Sherwood to Mr. Randall. 

I am. Sir, 

Your obedient servant, 
Robert Randall, Esquire. ADIEL SHERWOOD. 

[For Mr. Charles Lemoine, of Augusta, Blacksmith.! 
To write to Robert Randall, Esquire M P P rh;r„v»„ u xt- 
that he (Lemoine) wants to purchase Lot No 11 on?K'^''^°'''i^'^^''^' 't*^*^"fi 
Nepean ; also state that R Shemood Wd fhesamPnff «.!?"' ^'' ^^o^cession of 
but the Sheriff refuses to givelS, t'd 'th Xf .^iT ^f^.V^^^^^^^ 

but the SherifF7efu es to giv:; S and thSrfflf-'T'*r ^^™.^ ^'''' ""««' 
g Mr. Randall's property ^ fet ' ' therefore, this Lot must be considered 

24th March, 1827. R.SHERWOOD. 

A. Sherwood, as agent, may send this if he chooses. r. s. 


', 1827. 

the Com- 1 

;ood house | 

No. 45. 

[Journals of Assembly, Appendix, 1836.] 

lo the Honorable the Commons House of Assembly of Upper Canada 
m Provincial Parliament assembled • ^ panada, 

•wen the PoU«ir,rMe^^^^^^ O f"^ "Jf"™ "> '^ <li»P»«d pro'pe"rtV iS^ 



I " 


when he Imndcd over the Petitioner's business .ind pnpcrs to his son, the present 
Solicitor Uencral. I hat upon Uv, .Justice Jioulton'd m) irivinir up the business of 
thclctitionerto Jlenry John Boulton, Es- •lire, the latter rcquu-cd of the Peti- 
tioner a culliitcral .Mocunty for the bum of fitly pounds, then due to his father, for 
Ins professional services, as also for fifty pounds, which were to accrue to himself. 
Ihat your i otitioncr acconluinly on the seventeenth day of March, in the year of 
our J.m-d, one thousand eight hundred and seventeen, executed and delivered to the 
said IJenry Jolin Loulton, a mortgage on Lot Xo. cloven in the first Concession 
on the ludcau, in the Township of Nepean, in the District of Johnstown, contain- 
ing two hundred acres, for one hundred pounds, payable with interest on the first 
day of January, in the year of our Lord one thousand eight hundred and nineteen, 
and on the seventh day of July, in the year of our Lord, one thousand eight hun- 
dred and eighteen, your Petitioner executed and delivered to the said Henry John 
Uoufton, a bond in a penalty of two hundred pounds, with a condition recitin" the 
said mortgage, and to i)ay to the said Henry John Boulton the sura of one hundred 
pounds as mentioned in the said mortgage. That the above described lot is a most 
valuable one, your Petitioner having many years ago been offered two pounds an 
acre tor it, and another Lot in the said Township having been subsequently sold at 
bheritt s sale, at Mr. Boulton's suit, for ready money, for four hundred and fifty 
pounds, or thereabouts, as your Petitioner has been informed and believes. 

That subsequently, and after the execution and delivery of the bond and mortgao-e, 
thesaid Henry John Boulton proceeded in the business of your Petitioner, a'Jid 
obtained against one Elijah Phelps, a verdict for a large sum-which havino- been 
set aside, and a new trial gr.uvced, the cause again came on for trial, at the Niagara 
Assizes, for the year one thousand eight hundred and eighteen, where Mr. Justice 
Boulton presided, and where your Petitioner attended, with a great number of wit- 
nesses to go to trial. That the said Henry Boulton also attended as Counsel for 
your 1 etitioncr, but who refused in the first instance going on with the trial, until 
the 1 etitioner had given him his note for twenty-five pounds, payable on the first 
day of May A.D. 1819; but which note was not given without a stron"- re- 
monstrance from your Petitioner, as he considered he had already given" him 
ample funds of security. That after giving the said note, Henry John Boulton 
promised to go on with the case immediately, when your Petitioner went in search 
of his witnesses ; but c. his return was not a little astonished to find, that the cause 
had been ordered tn no over to the next Assizes, in consequence of the Judo-e de- 
clining from motives of delicacy to try it. That your Petitioner strongly remons- 
trated against such a decision, both with his Counsel and his father the Judcrg, who 
admitted to the Petitioner that before he accepted the Circuit in which Niagara is, 
iio Ivnew this trial would come on, and had determined not to try it, as he had for- 
merly been concerned in it. That the said Henry John Boulton must have been 
aware that tins cause would not be tried ; but had allowed your Petitioner to ^o to 
a considerable expense in gathering his witnesses ; had obtained his note for twenty- 
five pounds, and then abandoned him, and has never since done any business for 
lum. "' 

That afterwards and immediately after the said note became due, your Petitioner 
was sued tlicrcon, and ui)on tlic aforesaid bond by the said Henry John Boulton— 
he hayin- got out his writ directed to tlie Sheriff of Niagara, on Hie twenty-first 
day of May, A.D. 1819— and the note being only due ^on the firc^t day of that 
montlL Ihat on the twenty-fourth day of June, 1S19, your Petilioner was served 
at his residenceat Stamford, in the Niagara District, wirii the deciaration and sum- 
mons, at the suit of the said Henry John Boulton, letuinablc on (he first of Trinity 
lerm then next, and from that day, until al)out eiglitccn mouths afterwards, and 
never until !u-, acndcntly infunnod whilst attending his dui . hi Purilament, in 
the winter of 1821, of the sale of his lands at the suit of Htmy John Boulton, 

■ 'm 

^fl^^' ^^ 


he present 
jusincss of 

the Peti- 
fiither, for 
le year of 
3rod to the 
5i contain- 
ti the first 
'■ nineteen, 
jight hun- 
inry John 
citing the 
3 hundred 

is a most 
rounds an 
;ly sold at 

and fifty 


oner, and 
ving been 
3 Niagara 
r. Justice 
er of wit- 
ounsel for 
rial, until 

the first 
trong re- 
iven him 

in search 
the cause 
udgo de- 
' rcmons- 
dge, who 
i agar a is, 
! had for- 
ave been 
• to go to 
■ twenty- 
incss for 

oulton — 
of that 
!i3 served 
ind sum- 
f Trinity 
rds, and 
luc'iit, in 

';'o:; ;r -i rSiS..r^ t,d' ''' ^"=""- '^i'^* ''"--^'^-^^'^ «^^- 1. was 

Henry John IJou o \ j ' .Lu c^l'^ir'"'.-'"'"' \'^'*?".""- ^^'"^^^ '^ "'« -^'^ 
of the said suit, U.t roceiW.l^^.o^^^:/^ ' '" '''?.^" '^? ■"^-'"^J oi' the progress 

to 1)0 

of tlic said snh, but rc4i "in noT- v' l''"- "^ "V"; '"^"'•'"^'-' «^' ^''^ l""' 
ti.c'!i:n";;o;u :-,^' ""^ '^ ''^^'^'^''^^ - ^'- -^^l -JN l- finds tl. f^nowinl 

affidavit of scTico oi he tn,,! 1 , '' n'''''*^''''''^'' ;'='>';''' '^"'y ^">l'>^vi..g, on the 
were fylod i„ tlie Crow o'fH e '.u 1 o tl '^"'""/' " ^^'-■^''"''^tion u„d r.nnn.ons 
same office by the said /w\lnr,^^^ >» the 

same day an affidavit was V d i j i k" ^''' '?",'' ^'^'t'tioner. Th,.t on the 

John Boulton, that tlic ,1,'ce of r. W '' '""» '•-''. ' "''^'''^ ^^^^ t''« •^■'^^1 Henry 

" triet" was u^known'to^th^;!::';!^;;:^,:;,^::- i:^;— •„:; - the Hon. dJ 

a demand of pica wa. pu u . fJ • " ? '''' '^T'r'' ^''"'^^ «" the san.e da. 
said affidavit. ' That on^ le in t o^! 1].;:. ^ "t^;^;;' ^'''^Z nnd aeeon^pani.d th^ 
cutory and final j.xl-mcnt wns si. , , 1 I? . o' "•'' '^''^'^ "f^^nvard., intcrlo 

against the I)erso .d"ef 'octVof S "K '' ■?"'; ^ ^\'t'""^"'' --^-kI execution is.ucd 
for the amoint of the otd mt • nd r?'' IV'"-'^^^'''^;" "^' ^^''^ ^^"'""^ ^^'^triet 
Petitioner, the said 11 n rv' ol , n llu \ /'''.'•'" Ins .leelaration against your 
together, signed jud-mrnt on the ^mo"" .f"'''"^ I" '^'^' ""'' *''° ^^°"^ '^"^ "«te 
Petitioner Ibr the^a^." "''^'"'' "'"^ '''''"^ execution against your 

DiSll^it'^Si^w:? n^.-STt'^H''!^"' t^^^'^ ^'^'^-^^^ ^« ^>- SherifFof a 
wI>o knew hir r 1 at ; idlt ,■ id< f ^'""T' "t r^^ ''^ ^« ^^'^'^ "ther person 
Term in the same ea a "val f '^ T '■^^:"-"=^^ « ^" ti,e fir.t of MichLlmas 
of « no goods;" and on te si ''.7^ the return day with the Sheriffi's return 
your Petitions- diect^l to the s,^ '^^T^? »8-'"''>«t the lands of 

last of ^liehael ma IYt n A i) ^h' n? ^^^^'l^ '"^tonn Di.triet, and returnable 

one mortgagei^r b^entu t s;:Ly S3e^:;:^ '''''''-' -' "^ ^'^^ 

iath,g';i^.;ti::'of^::!T<,::^;o? K^ ?^ ^'^^--^^ ^'- t^--^' -s- 

cess in the' said cause w's V. o 1 t ° ' '''r''' "'"^ ,""^'''^" ^^''''•^^^ ^et the p™- 
" suits where thcDeLl'n o ll Vl '"'.''"'''•' '"•''^'^^' " ^^^'"'^ "' '''^^ "'^tionj or 
''District, or DistHet "lie e t u ^ V!^''""^ *^'^ ^'""^^ '•^' tl'« "ome 

<' after such den and of L l'''.^'^^"'V"'' '•' '"'''""' '"''"''^ '^"y' ^^''=''1 ''« '''H^^ved 
"quired to f^^le Z^^^^^ -hick they .hall be re- 

Henry John^ 13o It n' ,;'i,^'- .r,,^, "V * ""^^^'^thstanding the said Act, the said 
within the Distr c of Nh "?'''>' I^new the res.denee of your Petitioner to be 
i"" served I i^i with II ? "• .' ""'^"^^ "/ ^''^ ""'"^ ^'^trict, not only from hav- 

wr^teVo i r f ; f U ' edon J "'": ''"' •'^'^"'/'•"" ''''''T' ^^'"^'^ y-^l^etition; 
cutorv but fina huv'KMt wit li^^ r proceeded to sign not only interlo- 

0.^^ in a i;i^H^'Sr:i;!;^j;rk;iw;;;::^i^s^^^^ i- -p 

ijy a 

;:;:!:;; :;;;!.!?':? ^:^V"-t -f' l-"^ Bend, in the 40th year of the 1 

^"ig, It IS expressly ordered, that in future, tl 


le note or bond is to be produced for 







the inspection of the judges, '< when a motion is made to refer them to the master," 
but timt tlie said Henry .lolin Uoulton, not only did not i)roducc cither the note or 
hond to the judges, but did not even move the' Court to have them referred to the 

Tiiat by another general rule of the said Court made in the same year, it ia 
expressly, " ordered, that from and alter the end of this (Micha'lnias; Term, the 
• clerk fiive no writ of execution on default, without an order of the Court in Term 
" tune, or iiat of a judj.'o in vacation." That notwithstanding this rule, then in full 
^rce, the said Henry John Huultoii proceeded to sue out execution againPt your 
1 etitioner, on a judgment by default without either nn order from the Court or fiat 
from the Judije. 

That by another Kule of the said Court made in Hilary Term, in the 47th year 

of the same King, it is also expressly "ordered, that in all cases of Judgment by 

default, on IJonds, conditioned for the payment of money, a rule Nisi, to refer the 

' Bond to the master for taxation, shall not be necessary, but a notice of mytion for 

' tlie pereinptory rule shall be given in writing to the Defendant, or his Attorney, 

' at least thirty days before Hilary and Easter Terms, and twenty-one days before 

Innuy and Miclu-clmas Terms respectively," which rule shall accordin.rly be 

made absolute, m the first instance, on affidavit of such notice. That notwitirstand- 

ing this rule was in full force at the time of signing the judgment against the Peti- 

tioner, he never received, nor did the said Henry John Uoulton ever give the above 

required notice to your Petitioner, or to any Attorney for him. 

Your Petitioner further represents, that as the said condition of the said Bond 
recited the said Mortgage, and professing therefore to be only collateral security, 
your 1 etitioner was entitled to the benefit of an Act of the LcMslature of the 
Mother Country and in force in this Province, requiring in behalf7-f such Defen- 
dants, that the Plaintiff shall set forth on record, the condition of such Bond, assif^n 
breaches thereof, and assess damages before a jury, and vour Petitioner is inform'^ 
tliat according to law no execution can in such case issue till such assessment has 
taken place. But in the suit against your Petitioner, the condition of the Bond is 
wliolly suppressed and does not appear on the record. 

Your Petitioner found in the course of the applications made by him to the Court 
of King 3 Bench for relief, that the following rule was insisted upon as a vindica- 
tion ot tlie judgment secretly obtained as ^foresaid. 

Michajlmas Term, Scott, C. J.> 
Tiioiip, J. ) 

It is ordered, that from and after the first day of Hilary Term next, in all cases 
where the Defendant has not appeared either in person or by his Attorney, judg- 
ment for delimit shall not be signed, without an affidavit first made and fyled of a 
demand of plea having been served upon the Defendant personally, or by beinff lefl 
athisusuDl place of abode, if the same be in the District where the action is 
brought ; and it the Defendant's place of abode be not in such district, that then the 
demand of Plea shall be entered in the office, accompanied by an affidavit, stating 
that the Defendants place of abode within such district is not known to the 
Deponent, and that Judgment by default in such case shall not be signed till 4 days 
after such service or entry respectively :— By the Court. 

CSigncd,) JOHN SMALL, 

Clerk of the Crown. 
Under this rule, persons are required to take an oalh that must do violence to the 
conscience of the Deponent, inasmuch as it implies a belief that the Defendant's 
place of residence is in such District, but not known to the Deponent. 
Your Petitioner also felt deeply aggrieved at the operation of the said Rule, not 



le master," 
the note or 
irrcd to the 

year, it is 
Term, the 
rt in Term 
then in full 
ininpt your 
ourt or fiat 

47th year 
(Ignicnt by 
to refer the 
motion for 

lays hcfuro 
rdinyly he 
t the Peti- 
i the above 

said Bond 
1 security, 
lire of the 
ch Dffen- 
»nd, assign 
8 informed 
i«snient has 
le Bund is 

the Court 
a vindica- 

only because it n-bitrnrilv rlnnr.'.r«j r. . . " 

Plai of abode, an^^Zl^^t^Zr^tTi:': '? 7/^ «^*''° ^^^^ «' ^'^^ 
uvs of th . Provinee, but al.o U^;;^^'^:^^^/ « 'lay.. > defianee of the 

by rcqmnnjr notice to be served upon the r"l. "'".^'!">'";"' I",,le. of justice, 
iavcred the Attorneys of this Town I.! '^^"^*"'V"'=' V^ «''« ilon.c i)i«tn.;t. while i 
such notices to those^Deferdun whor"'"?'-''" ''''"' ''•'"" ^''^' "■'"^'^'^ '^ ^'iv n 
Office in the outer di.W ^ 'ico 1 "' '"."' "'T'' '•^'''"'^•"«" ''•""' the Crown 

rather than to supersede Jl^^u "etc miluofl!^''!'^' '■ ''V^' ^^""^^ '^ -^■-- 
protection. "' '' enactment of the Pruvinciul Legislature, for their 

ever had of the progress o 7^, i ' n ^"',i;" I ?•'"'' "^" ^'^^^''^^ ""''»-'-" »' 
procochngs to be looked into, n Z ;J Z 1" "' !'"'"^''''^t''ly ^^au.ed the 
ceedmgs, he caused an application as oof.^^V''''TA'''''""--''''^ '" 'h^ Pro- 
the Court of King's Bench t rehcf in ^ tin.T-f T^'^- ''? ''^'^"'' ^" ''« '""'1« to 
which ha<l been so manifestly ob ief So " J'"'fe""<^'-t and execution 

Court: but after argument, tL Cou'^deSdi; ^Jtoo ht:"' ''''' '' '^^ «^^^' 

same:nJ3i;^r:::Lt::?:;ts^^^ ^^ -^^^e on the 

fully argued, but it was again decil a ..S I ' ' '""'^^"'"-' *''«* it I'^.l not been 
decision, although the Court exp^^^^^^^^^^^ a'' t -o .1 u '' l"? ' '' ^T""^' ''^' ^^^^ ^^'•"^er 
eistently with its rules. ' " '''""= '''''' '" mteriere, if it could con- 

a.^ti;::i::^::;tt!n!:t^^^ /i^^ r r rr^f ^^- -<'« ^^ -nef 

that the matter had been befo o hVa d u>d ll ' "i^ ' " '""^' "" *''<^ ground 
to an ancient rule of Court in h " !„ L^^^^^^^^^ »'>7' -^ ^'"^^ «-"-'^'-"ff 

James's, no matter heard bv CnuuLi i ^ • , ^"t'^ncr believes, of one of the 

Court had been given'clld^'er en^d'" d tu'tl' P " ''^'Z ''"^ «''•'-" "^' !'' 
liable to be silenced for one voir n, if ' 1 1 J *'"^ Counsel attcmptino- it was 
time in like manner, the v ^voddl^^^^^^^^^^ l^« ngain troubled ..rseeond 

Petitioner cannot but' SnH^^r^ he o,r *'•'« '^^"^'^ ^"^'^t^"' ' ""''Tour 
unjust adherence to one rule of c,',rtfo?ho^ '''■'''''" '^'""'j ''« '"^^'''^ ^'•«'" the 
Petitioner ajudg.nent which lad noMndTrt/' "'""^'^'"" '''^^"'^^^ y'"r 
rules of court equally solemn and bindm- anTvon'M ' V'-'""". "^ *'"-^« «''>er 
tive enactments in this Province an. , FnM. l ? ^'"J^t'O" of several legisla- 

of which Uy the said Henry J hn In ton Tvuii " '\"' '"'^ '"""''=^'''«;anee 
your Pentio.,er against tliruin ami h •:Sir bro^^^^ ^Z ^7'^' ''^''^'^^ ^- 
Hd^d" el;S^^i j::;S^f ^J^fK^f « '- ^-iLn^ as ; .. re^rt to get 
error coran. nobis to rev'eLS s ai 1 ji^^'^TXrY "'"^^- '^ ^ ^'•'■"" '-^ ^^t «f 
Counsel, his only chance; but the diffiS hv^ t •^' '? the opinion of his 
onginal one which issues out of Chaneerv an rll I^- """^/^ ""'' '''^ "'t is an 
tion m this Province. This .lifflnnh ^' u ^'''"''' ''*''"- "'^ ^ «"'-t "f that descrin- 
obtained under the 'reatedS >''"'' ''"'^''^^ ""' ^''' ^urmounte.l, the w/it 
the matters argued Tn^e^aLticIn ^THnluVe^^ f^f^r'^ ^«' "j 

Judges, Mr. Justice Boulton bein^r absent fnSinn/l' • ^i' ^'''^''^ *"'<> "^ the 
g'ven in the following Term. J^ngland, and judgment was to be 

received nothing by a diJiilon 5 op n ^^^Ut'So^T" ^'"'^T'^ '^''^'^ f^-' 
-n was that the matter muststani oTr tiHth: Bench tr^ir^"^"*' ''' '^^'- 

- Mr. -^^irB^Zh^-Xr—- ^ 

31 ,' 


fr. .! 


cniisc In wliich hd had I)ecn intcrcstod for your IVtitioncr, nnd conKl not now of 
courtio bo ('X|)fctcd to f,nvc an opinion oitlicr \v:i- us tlu; <:ro!iter pait of the money 
recovered Uy this very judgment hud licon rccelvet! hy him. 

That stranjre na it may f?eem, the Slicrilf of tho .Tohnstown Distiiet, instead of 
selling tiio I.ot, ho mortgaged l)y your J'etitinner to the .said Henry .John P.onlton, 
and thus as it were foreehising the same, sold another and s^till more vahiahh; k)t 
behniging to your Petitioner, and the same was purehai-cd, as your Petitioner haw 
hecu intonucd, by Jvcvius P. SI ^.w ■,,.!, ll^q., who lias t;inco been elevated to the 

That your Petitioner, under tlieso circumHtance>', woidd not feel it proper, and 
lias been advised not to apply to the Court for their judgment, whieh your Petiti- 
oner thinks, under the vfiy peeuliar eireiunstanee.s of the ease, could "not be had, 
for the same reason that the Honorable JNIr. Justice JUnilton once refused to try a 
case for him. 

_ YourPetitionerhumbly represents, that after .ubmitiing to many losses and afllic- 
tions which would break the heart of almost any man, he found that'the nujst valuable 
remimnt of his property had been most cruelly sacriflecd, under this irregular and 
nefarious judgment, and unless relieved by the interposition of your Honorable 
House, he shall have to muuber himself among those who have fallen victims to in- 
justice and oppression in this Province. 

That there being no higher Court in this Pvnvinco, to which your Petitioner can 
now resort, he has thus petitioned your Honorable House to interfere and grant him 
such relief as to your Honorable Body may ajjpcar just. 

And as in duty bound will ever pray. 

^ , r ,„ ROBERT RANDi\LL. 

York, January 19, 1828. 

Certified to be a (rue copy. 


Clerk of Assembly. 

No. 4Ck 

lleport of the Committee of the House of Asscmhly of Upper Canada, 

in 1828, upon the above Petition'. 

[Appendix to Journals of Assoiiil-ly of U.C, 1828.] 
[NoTC.— The Special Committee ajiponted by the Legislative Assembly of Up- 
per Canada, in 1828, to Inquire into Mr. Randall's complaints, was composed of I 
15. U IJcardsley, L.-q., senior ^lendjer of the Eaw Society; Hon. .J.,hn Rolnh, 
?r c TV? ,f"*,l' ^^«n""'-^«i«ner ; Hon. John B. Robinson,' Chief Justice; Hon. 
M. b. Lidwcll, Jjarnster. and Captain John Matthews, Royal Artillery. Their 
Keport, taken from the Journals of that year, was as follows] :— 

"The Committee to whom was referred the Petition of Ro])ert Randall, Esquire, 
vvith power to send for and papers, and report thereon, have inquired into 
the same, and rcs])ecttully submit the following Report :— 

*' It is admitted that the demand of Mr. Roultou against .Mr. Randall was for - 
professional services, rendered by himself and the Honorable D'Arcy Roulton. I 
late a Judge oi the Kin<.'s Bench. The prineliud charges are £50 for busines.-* | 

" Boulton, ati 
I " not be tried. 
\" torney Gene 

" lie expected 
I " He also Stat 

'' time of arra 

" Mouse can j 

I " Roulton to t 

j " therefore hoi 

" cause would 

I '* twenty-five i 

'*'' consideration 

" air. I}oult( 

" twenty-five p 

" the proceedin 

" Henry 

" This action 

" from the Cro' 

*'iMay 181L, r. 

"July of that 

"the said Crovvi 

" Samuel P Ja 

" ing that the sn 

second of .Tun 

appearance for 



not now of 
I" the money 

It, instcnd of 
lin i>oiilt()n, 

V!llli;il)l(! lot 

ctitioncr haw 
k'iitcd to the 

[iropcr, antl 
your Pc'titi- 
not be liiul, 
isecl to try a 

ps.nnd afflic- 
lost vahialilo 
regular and 
ictiins toin- 

titionor can 
d grant liim 



r Canada, 

bly of Up. 
ontposcd of j 
ihn liolpb, I 
ice; J Ion. 
ly. Their 

I, Esquire, 
|uired into 

all was for 
' Boultoii, 
tr businehri 

" lis :. utToYl y' V' " ,°, ' ''"^ ISonl,.,,, I,cr„„, ,,i, olcva,l„„ ,„ ,„o 

'•o kino'.s cncli in u l.;,.l, ♦;.. . • ,'•'" '^■^' ^ '".)''' J I'tln.s, m the Court 

•' tl'O, an.rno h d ml at ZluuT r ". ^T" /""V'""'>' ''"''' ^ ^ ''^'"i-i"^ 
" i-or the payn,ent of h e « i | « , . .k T '.' i' ' ." '"""', "'", ^'^■'•"- '" ^^^-"'''y 
" Mr. IJ.;,.,t: f ' t N , '':,;:' li? c'''^' "'•' ^'^"'^'?"'' "'"'' * 
••inthcTownshii, of Neocan -, I u , I, . • ^""cession on the Jiideau, 

" bond upon whicU.ot .^n^ ' ±^ ''"?r-^' ''Tv Vt' '•""'"^'"" "^"^'"^ 
" came on for trial at the Ni- t A In • il"" ^" ^'""'"" "•'• ''"•'"'' '''•^'IPS 
" iJouIton presided a 1 Ah 'it n,v r onll^ m^''7/^ "'"'? -^^'•- ''"-^'^^ 
" tioncr, the Plaint If in the cVuse^ ()„ ! Z '*^''-""'^'"'' •' ^ V""^^"' ^'*"- »''« I'^-'i" 
" I'li'^N and a short time f. re i w, T •' '"""J."' ":''' "'« "•'=«' ^van to take 

" Mr. Jlonlton, gave n i note for t v ? r"' *''" ^ "^'^i'"'^'-' "^ the request of 
" May followi. -s n8 .■ Cou He t .^. ' ,• T y '' /"."r'^' I"'>-^'''''' ^I'o Hr.-t day of 
" to eollect hi. witne i ! : \' /'' / --^1-cted The I'etitioner proeenb.d 

" refuHe<l to try it or^ H^; ...i f ;;"''• 'f "'' "',' '^' 'T'' "''^■" ""^ '''"''^'O 
" tl.e Plaintiff.^ The cl^C 1 ,1 v n'T?^" ."'"t' •' ''V-^ '''-^ ^^^^''^'^'^ '» '^ ''-^ 
" the bond, Mr. iJouUon recovored o " 1 '''''\ ^ '"•' ^'"-^ ""f*Nns well as upon 
" complair.;. recovered the judgment, nga.n.t which the Petitioner 

''Bonlton.attheHn h'etil tie m ImZI'i"-'' '" ^'l' '"^ 't'^'^' ^''='* ^^'•• 

■' I^' TiiR King's Bkxcu. 
^^ " IlExnv Joiix BouLTox, Plaintilf; ... llo.^,^ Kaxoall, Defendant. 


■; T 

' I laintiff, nnd on tlic Humo dnynn affidavit mado on tlio 13tli day of Julr, 1819 
l.cforc John bmall Clerk oflhc Crown, l.y tim prcmU Ilonoruble .Iumc« h! 
Macaulay [now (Imf J„sti.;o of the Con.n.o.. I'lea., U.C.,] then u student nt 
u \Tc, ' ^'\ '.'^'"'■y ,•'"''» Houlton, .tatinj,' that the plaec of residence of the 
IMeiidant in the Home District was unknown to the Deponent, and aUo a do- 
nian( of plea, were fyled in the Crown OHiec On the l.Jth day of July, 1810 
interlocutory jud-incnt was si-ned, and li„al judi^mient entered for two hundred 
and twenty-hvo pounds debt, and five pounds three Hhillinf,^ and eiirht pence 
danmp and costs, arnourtin^r alto-ether to the; mim. of tw.. hundred and thirty 

«« ''"7't\. , ' ! "^i ^'',\"'. ^^''''''''''••' '«1'J> " "'it oiJir,if,nas, ajrainst the koo.Is 
ami chattels ot the Defendant, was issued upon a /)r(prwe fyled hv the Plaintiff 

" directed to the Sheriff of the Home Di.striet, returnaMo on the first day of Mi- 
chailmas lerm foll„win<r, hein- the first <lavof Noveinher, 181!). This execution, 
with a return ot nulla hona, liy the Sheriff of the Home District, wasfvled in tho 

^^ 8ai<I Crown OHiee on the return day, and on the eanic day a writ o\''fkri facias 

against the Delendant's lands an<l renements wa^ issued, (upon a mYm/;e fyled 

T 'I'c Piamtdf,) d, ected to the Sheriff of the Johnstown District, and returna- 

1.^ the last day of iMiehadnias Term, 1820, which writ was fvled in the said 

<, c, .«." !. . «^Y«'"^'^''"'« «'"y <'f' -March, 1825, with the following return by the 

*• bhenft of the Johnstown District:— 

"/ I\y virtue of this writ to me directed, I have caused to be made by the public 
80 of the lands and tenements of the wiihin named Defendant, ll.,l,ert liandall, 
(that is to say.) Lot No. Forty in the first Concession of Nepean, in the Johns' 

« I'*"'" r.'.'*'""'^' f"-^'^'^''" "it'' '»« '"•*''^^'" *'•""». i" I'-'.nt thereof, on the Ottawa or 
Urand Ivivcr, the debt and damafres viihin mentioned, whieh I have ready before 
the Lord tho King, to be rendered to the said Henry John Boulton, for his debt 
and damages atoieHaid, as within I am commanded. 

(Signed,) •"JOIIX STUART, 

" ' Sheriff of the District of Johnstown.' " 

« That on tlie 7th day of November, 1821, a motion was made to the Court, to 

set aside the judgment and execution upon an affidavit of the Defendant, upon 

w-hieh a rule was ^'runted to show cause; and upon cause shewn, the rule waadis- 

" charged by the Court. 

" And that on t!.e twenty-third day of January, 1824, a similar api.lication ww 
made to the Cour;, upon an affidavit of the Defendant; and upon cause shewn 
and an affidavit fyled by Plaintiff, on the 30th April, 1824, the rule was 
" discharged. 

" On the twenty.fourth day of June, 1824, a writ of error coram nohh, under the 
great seal of the 1 roymce, was granted ; error was assigned by the Defendant in 
this case on the 13tli day of December, 1824, and the Plaintiff in this case 
" pleaded thereto on the 25th day of January, 1825. 

" The foregoing is a correct schedule of tho proceedings in this cause, no other 
proceedmgs in the case have been fyled or entered in the Crown Office. There 

does not appear to have been any assessment of damages by the Court, or a Jury 
« or any order of the Court or fiat of a Judge thereof, for judgment or for any exe- = 
« cution. In obtainmg this judgment. Your Committee notice the fullowin^viola-l 
• tions of the then existing law. % the tenth Section of the Act of the 34th of I 
J ^ u ' '■^="'''f'"S ^^^ practice of the Court of King's Pcnch, and under which! 

Act the process in the said cause was issued, it is expressly enacted, •< That in all^ 
" actions or suits where the Defendant or Defendants reside without the limits oil 
« u ,1 u ""f, ^■^*"^*' Of the District where the Court shall be holden, eight days 

8ha be allowed after such demand of plea, as the ordinary time within which they 

shall be required to f\-!o their plea, &c." But notwithstanding the said Act, the 

" said Ilcnrj 
" be within t 
** sign not on 
" {ilea, and tl 
" not reside. 
'* This proj 
" made for tli 
" j)racticq un( 

** Scott, C 

" PoWKI.L, 

" Camimiki- 
" iMichadmi 
" or by being 
" action is bro 
" that then th 
" affidavit, stii 
" known to th 
" signed till fo 

" This rule 

" injustice upo 

" Toronto], w 

*' served upon 

" settlements i 

" eight days g 

" instead of be 

" ncss, he caiin 

" difficulties of 

'* The affi.lav 

"n most extraii 

"District, then 

"an nfHdavit, s 

" not known to 

" In the caus 

" Petitioner in 

" and Mr. Boul 

" to him, and t( 

" It is implied i 

I" District, but i 

' " It would re 

•J" Court which : 

I" law. 

I " The Comm 
I" Boulton acted 
"" interest, and tl 

^"to the practice 
"forced, would I 
'"prise. Thefol 

"Michel mas, 
••48th Geo. II 

["is made to refei 


hi\y, 1819, 
e iliiincH 1). 
I student nt 
lonco of the 
il ulrio a ilo- 
luly, 1810, 
wo hundred 
:ij;ht pence, 
I iind thirty 
t the gooda 
10 I'hiintift', 
•Jay of Mi- 
^ execution, 
l\ led in the 
fieri fucim 
a-cipe t'yled 
11(1 returnii- 
in the snid 
turn by the 

the puldic 
rt Uiunhdl, 
the Juhns- 

Oltiiwa or 
!:uly before 
'or his debt 

linstown.' " ' 

3 Court, to I 
dant, upon 
dc wusdis- 

ication was I 
luse shewn 
rule wa» 

under the 
jfendant in! 
I thia cuscj 

" pmcicp „„,loV ,l,c fuU^Mvl," 'I ,;;'c; .ur ™''' '' '" •'" J""!""! ''/ » F"-aili„g 

"served upon him. or le t at I s 1 . ' V'""/' "."' •'^••>^'"<' -n-lfa mu.t be 
"eottk.ments in the vc!y ].",,. U V ""'' ' "■'' '*' ''« "^■^"'^ '» '"'''"'"fcr 
"eight, lays ^ivon l.v lu- S • ',' ' V- ''"!:," ^'-^V'^''»'t'fs of the Province, the 
" i.;^tead of i:;;i„yi ' J ' ,i^!S^ »^nrl,,tn.nly reduced to (our, and the n^ticj 

"n ,nllt rii'::!.;'™;:^;/'":/,';':,;^ »-; "o,"> oi,jec., u„i,„ „f 

"»n .ffi,lavi,, sh„i„^Z I ic, dmf!,°,7 "f "1 '',""''"T'. »="""l«'"i<=J »i.l. 

I" law. ' ^ euDicrsiie ol tiie rules of good conscience and statutory 

"interest, and tW S,rofeiL' tenlTirL'tts^r '" "'""'' '"= "■"" "" '^'"""' 
h°^'e^tti7r"'„Srbv'°tl','e r ''°r 'I'm"™' ".""=■• "-"'P^ot' obtained oon.m,7 


« Mich^lmas, / {J^^'sley. G. J. ") " Ruj.e 8. It is ordered, that in future 
"48th Geo. III. i I'owELL, J. I" the note or bond is to be nrod„;;.d foMlfi 

he made to refer them toTe';;ster.'' "^°^P^^^'°° °*"^'»« J"^Ses when"a motion 






"The Court require the note and bond to be produced for tlie inspection of the 
" Judges, a rule \v!>ich it is presumed was intended to prevent fraud and maintain 
'•'unsullied tlic character of public justice. And when your Conunittee consider 
*' the irregularities disclosed in tlictie ))rocecdings, and an attempt to justify them 
" by their frequency, they cannot but i'eel that the rule was as necessary as it was 
** well intended. 

'* The following rule of Court was also obviously intended to prevent undue ad- 
*' vantages and surprise, by the violation of which rule Mr. Boulton had an exeeu- 
" tion against the Petitioner's lands and tenements, before he could by a legal and 
"regular course have ol)tained a rule absolute to sanction his proceedings. 

" Hilary, 47 ( Scott, C. J. \ " Rule 21. It is ordered that in future in all 
"Geo. III. I Tiioup, J. j "cases by ju<lgment by default on bonds conditioned 
" for the payment of money, a rule Nisi to refer the bond to the Master for taxation 
"shall not be necessary ; but in lieu thereof a notice of motion for the ])eremptory 
"rule shall be given in writing to the Defendant or his ^ittorney, at least thirty- 
" one days before Hilary and Ivister Terms, and twenty-one days before Trinity 
"and Michailmas Terms, respectively, which rule shall accordingly be made abso- 
" lute in t'"3 first instance, on an affidavit having been made of the service of such 
*' notice." 

" The execution was also obtained with the same irregularity, and in defiance of 
"the known rules of Court, as appears from the following rule: — 

" Easter 40 f ^'''-^^^'-'^y, C. J. 1 " Uilk 10. It is ordered that from and after 

"c'p) t'iI ^ i'''^^''''^ •'• >" the end of this lerm, the Clerk give no writ of 

(^ Ai^cocK, ,r. J "execution on a judgment by default, on any 

''bond, without an order of Court, in Term time, or the fiat of a Judgj in vaca- 

" tion." 

"Mr. Boulton, however, dispensed with any order of Court in Term time, or fiat 
"of Judge in vacation. 

" The bond upon wdilch the action was in jiart founded, was a mortgage bond, a 
"copy of which is annexed. It appears on the face to be collateral security, and 
" how far, tliercfore, ]Mr. Boulton was bound to suggest breaches according to the 
" Statute, Your Committee have not inquired. 

" It appears tliat several applications have been made to the Court of King's 
" Bench i'or relief, without avail. The refusal of the Court to interfere, M'as not on 
"the ground that the application had no merits, but on the princijile that the ob- 
"jection came too late. Your Committee, however, think it right to observe, that 
"from the course pursued by Mr. Boulton, the Betitioner was deprived of those 
" notices to wliicb he was entitled by the written law of the land, and the rules of 
" the Court. 

"Irregularities may be waived after notice of them by delay, or by taking a step 
"in the defence; but it would be jjroductive of incaleulalile injustice if all notices 
"could be sujjpressed, and a suit be clandestinely carried through all its stages at 
"the sacrifice of all law: and the ruined Defendant should be precluded from relief, 
" while the Plaintiff sheltered hims(!lf under his own wrong. If this can be law, P 
" Your Committee would reeoninu'nd a Ijcgislative provision against it, for no Dc- 
"fendant should be deemed guilty of irremedial neglect when the Plaintiif keeps 
"liini in the dark by his own wrong. 

" Mr. Boulton has received his principle and interest upon the bond and note. 
"The fee of the land mortgaged is also in him, aiul there is no Court of Chancery 
" lO interfere. Tlic land sold at Sb.erifrs sale undt'r this ju<lgnu'nt is, inuloMbtedly, 
"most valuable, and it appears to have been sold bei'ore the Petitioner knew there 
" was a judgment against him. Part of the land st)ld under the judgment is owned 
"by the present Hon. Mr. Justice Sherwood, brother-in-law to Mr. Boulton. 

The Commit 



an execu- 

'' There is, however, no evidence to shew that Mr. Boulton was concerned in the 
" sale or the purchases. 

,'.' ^^"f Committee have to remark that Mr. Bonlton was conductinr^ a cause for 
''himself agamst his own client; and when they consider the nature °of the debt, 
"the great and multiplied irregularities by which the judgment and execution were 
• obtamed, the great value of the property sacrificed, and the expensive and fruit- 
" less endeavours of the Petitioner to obtain a reversal of the proceedincrg, they do 
" not hesitate to recommend relief. Independent of the interest of one of the Jod- 
"ges, It appears that the Court of King's Bench, if they set the proceedings aside, 
"could not afford adequate relief, and therefore Your Committee have reported a 
"Bill enabling the Honorable Mr. Justice Willis to inquire into the matters alleged 
« in the petition, and to do justice between all the persons interested. The Chief 
"Justice IS not included in the Bill, as it is publicly reported that he ia about to 
' u'^j j^ng'and; and, under such circumstances, the object of the measure mieht 
"be defeated, and the ends of public justio not be answered, if he were included. 
"Mr. Boulton complains of Mr. Randall for having misrepreser^ed the value and 
"quantity of the land mortgaged to him; and the Committee Lave annexed the 
*• evidence and documents adduced in support of the charo-c 

" AH which is respectfully submitted. 

(Signed,) " B. C. BEARDSLEY, 

•' Chairman." 

No. 47. 

Proceedings of the Select Committee. 

[From U. C. House of Assembly's Journals, 1828.] 
The Committee on the petition of Robert Randall, Esquire, met in the Joint 
Committee Room, February 1.3 th, 1828. 


Messrs. Attorney General [now Chiof Justice Robinson], Matthews, Rolph and 
Bidwell. * 

Dr. Lefferty attended, and was examined : — 

He states that he was present at the Assizes for Niagara in 1818, where a catise 
of Randall vs. Phelps was stated to have been entered for trial— Mr. Justice Boul- 
ton presided— saw Mr. Randall there— does not know on what day of the sitting 
of the Court it was. He was going from the Court House to Town for his wit- 
nesses,— understanding that Mr. Boulton (the Solicitor General,) was going to call 
the cause on. While he was absent Mr. Boulton did call the cause on, and the 
Judge declined trying it, on the ground that he had been Attorney for the Plain- 
tiff, and had instituted the action,— Dr. LefFcrty then left the Court House and 
wont to Town, and meeting Mr. Randall on the way, told him that his cause would 
not be tried ; at which he appeared much dissatisfied, and said he had that morning 
given Mr. Boulton his note for 100 dollars for coming over to conduct his trial— 
Air. Randall went into Court, and in his presence urged the trial of the cause, but 
the Judge positively declined. The Judge being pressed by Mr. Randall said he 
had objected to taking that Circuit, because he was unwilling to try that cause- 
knows that Mr. Randall paid something more thau 40 dollars to an Innkeeper at 
■iNiagara for the expenses of some of his witnesses. 

Mr. Randall produces a letter from Mr. Boulton, said to have been received lat 


May, 1819, (marked F.)-also a letter from Mr. Boulton, dated May, 1819 
(marked G.)-al80 a letter from Mr. Boulton, of 8th July, (marked H.)-also a 
copyof a letter from lumsclf to Mr. Boulton, dated June 29t]i, 1819, (marked 
l.)-th.sletterj.e states he sent bv one Jacob Dawn, to York; also a paper 
marked K, certified by tiie Deputy Clerk of the Crown, as bcin- a correct schedule 
ot the original papers in the cause of IMr. Boulton vs. Kandall— was gcrvcd, with 
prooess, on 22nd June, 1819, and on the 29tb June, wrote that letter marked I.- 
±ie saw Mr. Ivandall at the Assizes, in August, 1819, but did not speak to him 
respecting the suit. i " 


Februarij 2\st. 

The Committee mot again. 

The Petitioner attended. 

Dr. Lefferty again called in and examined :— 

Saya, he remembers in 1816, Mr. Justice Boulton, then Attorney General, con- 
ducted the trial of the same cause of Randall vs. Phelps_A nominal verdict was 
given and the cause referred to arbitration— no award was made, and it was tried 
at the next Assizes for Niagara. 

Mr. Randall states to the Committee that a different lot from that mort'^ao-cd to 
Mr. Boulton was sold m execution to satisfy his debt, which Mr. Boulton °says ho 
has no doubt might have been, for ho gave no particulu.r directions to the Sherifl' 
on the subject. 

William Morris, Esquire, called in and examined by Mr. Randall :— 
Says, he has no acquaintance with Mr. LeBreton— knows Lot No. 40, in Nc- 
pean-caled Point Nepean-hcard it was sold either to Captain LeBreton, or Mr. 
bherwood, now Judoe Sherwood— Mr.. jSforris's brother attended the sale-it took 
place at the Court House in Brockvillo, Ncpean, being then part of the District of 
Johnstown— does not remember how long he had heard of tlie sale before it took 

He authorized his brother, being at Brockville, (Alexander IMorris,) to bid as 
much as £300 for it ; he afterwards found that his brother had .-one as far as £449 
font, but not hking to go further, it was bid off to Captain LeBreton or ]^[r. 
bherwood for £450. 

Being asked by Mr. Randall whether he did not tell him, Mr. Randall, durlii'-- 
the last Parliament, that he had only heard of the sale the night before it took 
place, answers that it was impossible, as he had himself walked to point Ncpean 
(50 miles,) to see the Lot before the sale, and had In consequence sent tlic direc- 
tions to his brother. A SherifTs notice of the sale was put at his, Mr. I^Iorris'<^ 
shop door m Perth, which is as public a place as any merchant's shop in Perth • it 
was put up as notices always are, on the inside of the door; knew nothino- of the 
mtended sale till he saw that notice-he went down, in consequence of a couArersation 
with Dr. Lhom, who had received information from some person on the Ottawa, 
that l^omt Nepean was a valuable situation, and tliey consequently both went on 
foot to sec it; after his return he wrote to his brother, by post, the instructions 
spoken of, and he thinks that the sale took place a few days after, but ho does 
not distinctly recollect the time. 

Had he been present at the sale, he thinks he would have given as high as 700 
or 800 pounds for it If the property had been his, he thinks he would have been 
reiueiuuL lo have taken jl2,000 for it. 

Captain LeBreton was at the sale ; and his impression has alv/ays been that Mr. 



Sliervvood cither participated in the purchase or assisted Captain LeBreton in 
milking It : but he knows not how the fac^ really was. 

The Sheriff was John Stuart, Es.iuirc, who is still Sheriff of the District jf 
Johnstown ; he js brother-in-law to xAlr. Sherwood, and to the Solicitor Gene-al 

Thinks I\Ir. Slierwood knew nothing oF the value of the Lot until he was ap- 
plied to by Captain LeBreton to join or assist him in the purchase. 

Neither saw nor heard of any other notice of the sale in Perth, or the neighbor- 

attention of people in general, as the Country was then so little known" 

He considered tlic place of great value, from its situation with respect to navi- 
gation and water puydeges, but not from any idea or knowledge he had of any 
pea expenditure being like y to be made there by the Government, further than 
building a store or two for the reception of emigrants. 

He meant if he had bought it, to have given two or three acres to the Govern- 
ment for such a purpose _ Thinks the Lot not worth so much now as it was then, 
from an establishment which has been made on a neighboring Lot by the Govern- 
ment since; ^yhlch has occurred, it is understood, from the refusal of Captain Le- 
rGoverJmelit''" ''"''""^'" ^^""'' ''''^' ^^'^ ^^^ ^' ^'^'^ of it, for the purposes of 

Friday, February 22nd. 
The Committee met again. 
William Morris called again and examined^: — 
Asked, what sura he would have taken for allowing any person to select an acre 

r'" f^l"''^ '^^ ^T^'' ^'°^"^' ^'""'^ '^ ^^""^ '"« ?-Says he would not have taken less 
than ioOO, and perliaps not that sum—because the best mill seat would probably 
be selected; there are several mill seats on the Lot. 

Seven years ago, a village was laid out upon the Lot in question bv the present 
proprietors— does not kno\\ what! number of houses are built there, but thinks not 
more than three or four. 

The Attorney General [Hon. John B. Robinson], examined :— 
Was retained in 1817, to defend Elijah Phelps against Eobert llandall, in which 
a verdict had been rendered in t'lvor of Randall at the preceding Assizes, for £lO,- 
IJUO— tliat verdict was set aside und a now trial granted in October, 1818. He was 
present as Counsel for Defendant at Niagara— he rode part of the way with Mr 
Justice Loulton on his way to the Assizes- it was in October, 1818-cannot sav 
wliere he staid at Niagara. "^ 

He knew no more than any stranger in Court that the Judge intended not to try 
t le cause mentioned above— that he went as Counsel prepared for the defence, when 
tiie Judo-e refused to try it. The Solicitor General seemed annoyed at it, and so 
expressed himself to him, (the Attorney General), and thought it an unnecessary 
scruple on the pa.t of the Judge ; that he had been the Plaintiff's Attorney in the 
suit : but the Attorney General thought otherwise, and expected such refusal, thouo-h 
as unapprized of it as any stranger. In the course of conversation the J\\c]<rQ mi'^t 
iiaye expressed his reluctance to try the cause, and he has an indistinct iSlectton 
ot IS being the case about the time of arranging the Circuits ; but he has no reason 
10 tiunk that the Judge had positively made up his mind when he left York. 





The Solicitor General said that Randall had come with the intention to have it 
tried— that he himself had come with that expectation, and only for that cause, and 
that it would be a vexation to Randall. 

^ He was never retained by Mr. Boulton as his Counsel upon any of the applica- 
tions made by Mr. Randall to set aside the proceedinnrs in Boulton vs. Randall. 
That cither on the application of Mr. Stuart or ]Mr. Rolph, or both, he did, at the 
request] of the Solicitor General, the grounds of objection whicli he stated to be 
against the motion, and perhaps engaged in answering the rule KLi. TJiat the Soli- 
citor General applied to the Attorney General, to oppose the Writ of Error, and he 
would have done so had he beeapresent. He suggested to the Solicitor General not 
to object to the legality of the Writ in error, but to allow the irregularities to come 
into discussion in that shape before the Court, if the Court did not themselves 
object to it. 

To this the Solicitor General assented. 

But as the Attorney General then went to England, is not acquainted with the 
further progress of the matter. 

The cause of Randall vs. Phelps, was tried at Niagara, in 1819, before Powell, 
C. J. and a special Jury. Randall in person pleaded his own cause, and not by the 
Solicitor General, who was not r^asent. He heard Randall, in pleading his own 
cause, say that he was abandoned by his Counsel, the Solicitor General [Hon. 
Henry J, Boultcn], and has no doubt Mr. Randall appealed to the indulgence ot the 
Court upon matters of law, under the circumstances in which he was placed. The 
cause was called on at the request of Mr. Randall himself; that he thinks it likely 
the Judge told him, Randall, that every legal advantage should be afforded to him. 
The cause went off upon no legal objection ; but it went to the Jury on the 
evidence ; the Chief Justice charging strongly in favor of the Defendant. 

Saturday/, 23rd. 

The Committee met. 

Mr. Randall attended. 

Mr. Morris again examined : — 

There were but four or five inhabitants in the Township of Nepean at the time of 
the sale, and these, he thinks, were what are called squatters. The river Good- 
wood empties into the Rideau ten or twelve miles from the mouth of the Taltcr; 
thinks there was not an inhabitant on the river Goodwood nine or ten years afo. 
Had he never seen any particular Lot on the Rideau below the river Goodwood, 
which might have been advertised for sale, he would not have given much for it — it 
is good land, however, and thinks it would now be valuable. At tlie time spoken 
of, in 1819, thinks land so situated would have been Avorth about seven and six 
pence per acre, though now it is worth or six dollars — would not have thought 
eighty acres in that situation a good security for £100; there is no mill scat on the 
Rideau ; on the place spoken of it is dead water. 

Mr. Boulton attended, and produced to the Committee a mortgage from ]\Ir, 
Randall to him, dated March 17, 1817, which is the same referred to in the bond on 
which judgment was entered. The mortgage is upon Lot No 11, in the first Con- 
cession of Nepean, on the Rideau, for £100 ; to be paid 1st January, 1818. The 
Lot is said in the mortgage to contain 200 acres. Mr. Boulton produced a certifi- 
cate from the Survevor Generab thatllic lot thus mortfra^'od contains onl" 7S afros: 
and that the patent to Mr. Randall described lots Nos7 10 and 11 in the first Con- 
cession as containing together only 100 acres, and Mr. Boulton calls the attention 


of the Comn 
stated to con 

Mr. Boult 
for the purj 
describes the 
the house, 1 
He also pro( 
forth various 
vs. Brice ; Sc 
in which the 
the Home D 

And he rei 
was Plaintiff' 
ner, he (the i 
to obtain reli( 

Mr. Beard 
states that it 
and that he h 

Mr. Boultc 
in similar casi 

In particuli 

I Samson, Esq 

Council, whc 

which cause t 

Mr. Boultc 
inents against 
time he pressi 
vs. Robert Ih 
case, the Att^ 
Mr. Boulton 
Clark's could 
to set them as 
but finding t 
appeared to hi 

Mr. McDoT 

Mr. Boulto 
that he (]Mr. ] 
Sheriff"' s sale ( 
back written ' 



I the fact was sc 


Mr. McDor 
kind, and nevi 
I swear that to 1 

Mr. Hornor 
I Says that Ik 
s3 made the state 
heard Mr. Mc 



to have it 
cause, and 

le applica- 
r. Randall, 
iid, at the 
atcd to be 
it the SoH- 
'or, and he 
reneral not 
cs to come 

\ with the 

re Powell, 
not by the 
f^ his own 
ral [Hon. 
ence of the 
ced. The 
:s it likely 
ed to him. 
ry on the 

he time of 
/er Good- 
e Taker; 
'cars ago. 
for it — it 
lie spoken 
n and six 
e thought 
sat on the 

from jSIr. 
e bond on 
first Con- 
18. The 
a certifi- 

irst Con- 

of the Committee to the circumstance that in the mortgage, Lot No 1 1 only was 
stated to eon tain 200 acres. ^ 

Mr. Boulton alsoproducco an affidavit of IMr. Randall, sworn the Gth July 18'>4 
for the purpose of his qualification to be returned as a member, in ^^llich he 
describes the Lot in question, No. 11, as a broken Lot, whereas i>. his petition to 
the house, he states that he gave Mr. Rc-ulton a mortgage on 200 acres of land 
He also produces a certificate given by the Deputy Clerk of the Crown ^et'tiu'^ 
forth various causes conducted to judgment by other Attorneys, <yi. :— Fother^ifl 
w. Brice ; Somers vs. Petit ; Heron vs. DeWitt ; McNider and Forsyth m Clarke • 
in which the proceedings were precisely such against the Defendants residin"- out of 
the Home District as in the case against INIr. Riuidall. ° 

^^, ^'^ rcraarks that, in the case of iMr. Somers w. Petit, in which Mr. Baldwin 
was PJaintift s Attorney, and judgment by default was obtained in the same man- 
ner, he (the Solicitor General) was Counsel for the Defendant, and did all he could 
to obtain relief against the judgment, but in vain ; and the judgment was confirmed. 
Mr. Beardsley, a member of tlie Committee, and also a Barrister and Attorney 
states that it is perfectly notorious that the practice was so under the rule of Court' 
and that he heard many cases where the judgments were so obtained. ' 

Mr. Boulton also produces his dockets, showing that his proceedinrvs for clients 
in similar cases were precisely such as took place in his action against Mr. Randall. 
In particular, he shows a cause in which he was Plaintirs Attorney for James 
Samson, Esquire, against the Hon. William Dickson, a Member of the Legislative 
Council, whose residence in the Town of Niagara was known to every person, in 
which cause the proceedings were just such as those of which Mr. Randall complains. 
Mr. Boulton also produced a writ, certified by the Clerk of the Crown, of judo-- 
ments against Mr. Randall in other causes which were depending against him at the 
time he pressed the payment of his bond ; among these is a case o1' Thomas Clark 
vs. Robert Randall, in which judgment was obtained for £4ir 13s. O^-d. In this 
case, the Attorney General was concerned for the Plaintiff, and as he states that 
Mr. Boulton had obtained judgment against Mr. Randall a short time before Mr 
Clark s could be entered up— and that he looked into the proceedings with a desire 
to set them aside if he could, to prevent his obtaining preeedence''of Mr. Clark 
but finding them in accordance with the ordinary practice of the Court, as it 
appeared to him, he concluded there was no ground. 

Mr. McDonald, ]\r.P.P., called in, and examined:— 

Mr. Boulton related to him that Mr. Randall had informed the Committee 
1m ^j/^^^r- -^^cDonald) had stated to .Air. Randall, that the advertisement of the 
Snerifi s sale of Mr. RandaU's Lot, was put up with the face to the wall, and on the 
back written "a watch to be rafHcd for," and Mr. Boulton asks Mr. McDonald if 
the fact was so, or if he ever stated such a thing to Mr. Randall. 

Mr. McDonald states that ho never saw, never heard of, or saw any thliio- of the 
kind, and never did state any such thing to Mr. Randall ; at least, that Jio would 
swear that to the best of his recollcctit i i>e never made any statement of the sort. 

Mr. Ilornor, M.P.P., called in h) M-'. Randall : — 

Says that he heard IMr. Randall , ay, lour years aco, that lit. JkleDonald had 
made the statement respecting the advertisement mentioned above ; but he never 
heard Mr. McDonald say so. 



t* lljli 

Tucsdaij, Feb. 2G, 1828. 

Committee met again. 


Mr, Bciirdslcy, Clmirmiin ; ]\[os,srt". I{oli)Ii, and Attorney (icnenil. 

Mr. .rusticc ShiTU'imd attended at the rc(|uest of the Cotnuiittee, and heliij:; exii- 
mined in presence oF the Petitioner, states lie lias been at tlie Falls on the Ottawa 
liiver; knows No. AO in Nepean : it was sohl at SherilV's sale, at the suit of JNIr. 
Ii. IJoulton ; Capt. IjeUretoii was purehaser at Sheriff's sale; soon afterwards, 
thinks within one or two days after, he, Mr. Sherwood, heeanie [pureha>er Iroiu 
liim of part: thinks the sale was in December, 1820. On the evening of the sale, 
as bethinks, C'aptain LeI'reton eanic to him at I)rockville, and stated, that a 
v.aliiable Lot was to be sold at Sherilf's t-ale, situate on the Ottawa, where he, Lc- 
Breton, resided ; that he wisheil to become the purchaser, but was not sure he had 
suflicicnt money, at; otiier persons he understood had c(nnc in, intending to buy, 
and he proposed to Mr. Sherwood to join him in purchase, or to lend hini money 
to enable him to bu}'. He stated to Capt. LeJheton, that he was not inclined to 
buy land at that time, but that he wouhi inquire about the lot in question ; 
that at any rate he would take i)art of tin; lot from him if he bought it, or would 
advance him the pureiiasc money, if he wudd give him security. 

Mr. Sherwood was present at the sale, but did not bid. Captain LcBreton 
bought it; there were other bids, and thinks lands of other persons were sold 
Oil the same day by the SheiiiJ" in ])resencc of the same bidders. Thinks between 
tw ";nty and thirty person;-3 attended ■ had seen the Sheriff's advertisement of the 
sale under ^Ir. Boulton's execution, ))eforc Captain LeBretou came to him, but 
knew nothing of the partieidar lot ; and a day or two after the sale, he took from 
Lelireton a conveyance of half his interest in the lot, (an undivided moiety,) and 
became responsible to the Sheriff for the purchase money of which Captain LcBre- 
ton subsequently paid his half to ^Iv. Sherwood ; the amount bid for the lot was 
£449, to the best of bis recollection. 

He does not know tliat any person united with Captain LcBreton ill the pur- 
chase at Sheriff's sale, but thinks there was not ; a partition was made some months 
after he took the deed from Captain LcBreton, a3 tenant in common. 

Captain LcBreton has sold part of his moiety, as he thinks, to one Bellows. He 
(Mr. S.) has not yet sold any part of his jiortion, except that he made an exchange 
with Captain ].el)reton of a small [lart after partition was made. 

He has laid out the front of his jiroportion of thcLot into small lots, and Cajjtain 
LcBreton, he has been told, has done the same ; has never understood what price 
Captain LcBreton has put upon his share of the land. An application Mas made 
to him, from the Quarter Master General's Office, at the desire, as he understood, 
of the Commander in Chief, for a purchase of a part of the Lot ; this was some 
time after the sale to him ; has understood that a proposal was also made to Captain 
LcBrvon, at Quebec, by the (Jummander in Chief, which, however, did not end 
in anything satisfactory. 

Does not know what price Avas offered to Captain LcBreton ; no specific offer 
was made to himself. 

Considers the Lot valuable from its situation, affording a good landing place at 
the head of the navigation, and there is a good mill site, and perhaps several, on 
the Lot ; the land is in general rough. There is a Town, ho un<lcrstands, laid out 
near it, called Bytown, and it is probable that that circumstance renders the Lot 
of less value than it has been supposed to be. When he was last at the Lot there 
were two government store-houses built of logs on the Lot, and a small dwelling 
house near tha 



been built by one Bellows, a Merchant, where he believes ivn Inn is now kept, and 



there is also nnolhcr l.ousc in vvlu.-I. ono Ilollistcr livo.i, who likowi.c kept an Inn, 
uml has ho.n that nnother house ha. also been built there ; ono Firth k livino- with 
J5orry m the house fu-st spoken of. '^ 

To questions put l,y Mr Jioulton states that he never understood the sale waa 
intended to be ker^seeret by the Sheritf: ha. heard the Sheriff sav that h.^t 
a ver .senients to Nepean aru Perth, and to several parts ot the JJi^triet : a ^^o 
idea that the 8hen» was at all aware oi" the value of the Lot Ko. 40 : he (xMr i) 
knew notlunir ol it till infornicd of it by LeBreton. ^ ^^ 

In 1.SL>1 Mr. Kandall came to him (Mr. Sherwood,) at York, and spoke to him 
respecting the sale, say hi- that he understood the land had been sold, aid tlrvt he 
was aware that he, Mr Sherwood, owned part of it. Mr. Jfandall appeared to bo 
cissaisfied with the judgment whieh had been obtained against bin ,^';vina-U^ 
M. loulton had not treated Jiim well; ho said that he had no knowle ^^cV he 
,^lc ti I he was told of ,t during the sitting of the Legislature then in Session, by 
Mr. Morris or some other jjcrson. ^jwaioii, uy 

At a subsequent SherifV's sale of m. Kan.kll's lands, at the suit of lAIr. Clark 
.0, Mr. Sherwood bought No. 11, in Nepean, on the liideau ; does not reeoS 
hopriec; it was, ho thinks, under £20, nearer ten than twenty; the quantity of 
land was somewhere about (!()_or 70 aeres ; had this Lot been offered to him in 181G 

woitli mud, Tore " ''" ^^'''"' ' '"' '" ''''' ^"' ''' ^""^ '' """''^ *'^^'« ^'^^ 
_ "When ho understood a question had been made out about the land (No 40^ ho 
ing properly advertised by the Shcrifi; he took pains to inquire ; and so far as he 
can depend on the statement of the Sherilf, his belief is, that the land was as wcU 
aclvcr ised as Sherd 's sales usually were then, whieh was before the passinr. ofThc 
Statute on that head .n 1822, and ir.ore regularly than they sometimes were in ot£ 
cases: no fact has come to his knowledge to lead him to think otherwise, but the 
! reverse. ' 

Itohcrtnaldwin lOsqulrc, a Barrister and Attorney, attended—Recollects the 
rule ot Court under which it is stated in the interlocutory judgment in Boulton vs 
luuidall was signed ;_ was a Clerk in his father's olKce at thc^time the rule spoken 
<)t was caused to be in force ; the practice was then agreeable to the rule ; whether 
Kiich practice was consistent with the Statute or not, he could not then ludo-c 
itemembcrs the cause of Sominers vs. Pettit, in which his father (^V. W Paldwm' 
Ksqnire,) was Attorney for the Plaintlli; and Mr. 15ouiton for the Defendant : upon 
reference to his father's docket, he finds that interlocutory i-dgment was si-^Sed 
unclcr the s;unc rule of Court as in lioulton vs. Randall; knows Mr. Boultoifex- 
eitea hunsel as much as possible for the Defendant, but the judgment was finally 
on ered on the assessment. That cause was an important one ^as to value ■ the 
JuUginent was or abou £500. The interlocutory judgment ia Sommers and Pettit 
was signed 29th . u y,_ 1820 ; demand of plea was ,,ut up in the Crown Office on 
- >th duly, and afulavit fyled that Defendant's place of residence in the Home 
^iJistrict was not known to the Deponent. Upon questions put to Mr. Boulton 
} AH. Randall, Mr. Loulton states, that he was retained by Mr. Randall in Ran- 
dalUj.l helps, and received five guineas, and that Mr. Justice Boulton claimed 
IM tor his services rendered to j\Ir. Randall when he was at the Bar, which 
lurmecl pari of the sum for which the bond was given. 

I Mr. Randall being asked by Mr. Boulton, whether an account, of which a conv 
lappGars pubhshecUn the ( 'olonial Advocate of June 2G, 1825, was not furnished 

llvTf A? r?'^f ' ''",^ '''''^'\'' ;•'' ^^'- ^^'^"'''^^'' ^''^^ ""t ^•^^^'^i^e «»ch an ac- 
icoi.nt trom Mr. Boulton : be says he has no doubt it is. so. Bcincr -j^ked as to Mic 

iscrviccs specified in that account, he docs not deny they wore reifdered, and docs 

inot remember whether he ever objected or not to any of the chai"es made 




i m 

Mr. BouLTox to ^Ir. Handall. 

York, 8tli July, 181{>. 

Sir, — From wliat lias occurred, I suppose you do not wish uic to advocate your 
two caused at the next Assizes: if that is tlic' case, I should wish to know it im- 
mediately, as it will save me some trouhle. Indeed I am not very anxious to be 
the advocate of a person who is so very illiberal in his sentiments, because I sh6ul(l 
expect (from the sjiecimen in your former letter,) that should all my cfForts prove 
of no avail, you would accuse me of not sufficiently exerting myself, and allowing 
the other side, from improper motives, to obtain undue advantages. 

At all events, in order that I may not subject myself in future to the like treat- 
ment and similar observations, I shall expect the fee with my brief, to be advanced 
which will preclude all misunderstandings. 

If possible to be procured, youshouldhave the original note upon which the judg- 
ment in Mr. Clark's suit was obtained. You had better write to some of your 
friends in Montreal, to apply to the officer of the Court for it, who perhaps will 
give it up. 

Your obedient Servant, 

To Robert Randall, Chippawa. 

;! 11!' 

York, May 24 th, 1819, 
Sir, — I received your most extraordinary letter of the 17th instant, by Mr. Sraitb, 
■which if there is any meaning at all to be given to it, is a very impertinent one, 
and such a one as I will not permit you or any other client to write to me with 
impunity. I would have you to understand, that I am not rendering you any pro- 
fessional assistance from what you may fancy popular reasons, and therefore any 
further than my duty to my client prompts me, I do not care a farthing about you, 
You gave me what I expected at the time, to be a security for £100 ; half for my 
own iaenefit, and the other for my father's. This security I find not worth half s 
dollar per acre, as there are no inhabitants in the Township. In addition to which, 
I have your note for £25 due on the first of this month, both of which sums, with 
interest, amount to nearly £140, and the security I have, independent of your 
personal responsibility, is not sufficient to guarantee the payment of one half that 
sum : and as I am not looking to the result of your business, as you call it, for my 
payment, I insist upon having the money, long due to me for my services already 
performed, paid or secured in a sufficient manner, "Were you unable to do either, 
I should not perhaps expect or wish it, but in proportion as you oppose giving me 
what I have a right to, so in proportion shall 1 insist on it, as you can have no 
honorable or just reason for withholding it. If you will pay me down £50, so as to 
lessen the bui then upon the land, I will accept it, and let the remainder stand as it 
does, I return the cognovit for your signature, and patiently wait the return of 
the post. Mr. Jarvis, I fancy, will hand you this, who will give you a receipt for 
any money you may pay him. You may be certain I shall not retract one farthing, 

Your obedient Servant, 


Mr. Randall, Chippawa. 

M The Commit 



" There ia, however, no evidence to shew that Mr. Boulton was concerned in the 
" sale or the purchases. 

*' Your Committee have to remark that ^Ir. Boulton was conducting a cause for 
'•himself against his own client; and when they consider the nature "of the debt, 
"the fjreat and multiplied irregularities by which the judgment and execution were 
"obtained, the great value of the property sacrificed, and the expensive and fruit- 
" leas endeavours of the Petitioner to obtain a reversal of the proceedings, they do 
"not hesitate to recommend relief. Independent of the interest of one of the Jud- 
"gcs, it appears that the Court of King's Bench, if they set the proceedings aside, 
"could not afford adequate relief, and therefore Your Committee have reported a 
" Bill enabling the Honorable Mr. Justice Willis to inquire into the matters alleged 
" in the petition, and to do justice between all the persons interested. The Chief 
"Justice is not included in the Bill, as it is publicly reported that he is about to 
" visit England ; and, under such circumstances, the object of the measure might 
" be defeated, and the ends of public justice not be answered, if he were included, 
" Mr. Boulton complains of Mr. Randall for having misrepresented tlie value and 
"quantity of the land mortgaged to him; and the Committee have annexed the 
" evidence and documents adduced in support of the charge. 

" All which is respectfully submitted. 

(Signed,) " B. C. BEARDSLEY, 

*' Chairman." 

No. 47. 

Proceedings of the Select Committee. 

[Prom U. C. House of Assembly's Journals, 1828.] 

The Committee on the petition of Robert Randall, Esquire, met in the Joint 
Committee Room, February 13th, 1828. 


Messrs. Attorney General [now Chief Justice Robinson], Matthews, Rolph and 
S Bidwell. 

Dr. Lcfferty attended, and was examined : — 

He states that he was present at the Assizes for Niagara in 1818, where a cause 
of Randall vs. Phelps w>\s stated to have been entered for trial— Mr. Justice Boul- 
ton presided— saw Mr. Randall there— does not know on what day of the sitting 
of the Court it was. He was going from the Court House to Town for his wit- 
nesses,— understanding that Mr. Boulton (the Solicitor Genoral,) was going to call 
the cause on. While he was absent Mr. Boulton did call the cause on, and the 
Judge declined trying it, on tlie ground that he had been Attorney for the Plain- 
tiff, and had instituted the action,— Di. LefFerty then left the Court House and 
went to Town, and meeting Mr. Randail on the way, told him that his cause would 
not be tried ; at which he appeared much dissatisfied, and said he had that morning 
given Mr. Boulton his note for 100 dollars for coming over to conduct his trial — 
Mr. Randall went into Court, and in his presence urged the trial of the cause, but 
the Judge positively declined. The Judge being pressed by Mr. Randall said he 
had objected to taking that Circuit, because he was unwilling to try that cause-r- 
knows that Mr. Randall paid somethinff more than 40 dollars to an Innkeeper at 
Niagara for the expenses of some of his witnesses. 

Mr, Randall produces a letter from Mr. Boulton, said to have been received Ist 


May, 1819, (marked F.)— nlao a let! r A-om Mr. Boulton, dated May, 1819, 
(marked G.) — also a letter from Mr. Boulton, of 8tli .Tiily, (marked H.) — also a 
copy of a letter from himself to Mr. lioulton, dated June 29th, 1819, (marked 
L) — thia letter he states he sent by one Jacob Dawn, to York ; alao a paper 
marked K, certified by the Deputy Clerk of the Crown, as being a correct schedule 
of the original papers in the cause oi" Mr. Boulton vs. Randall — was served, with 
process, on 22nd June, 1819, and on the 29th June, wrote that letter marked I. — 
He saw Mr. Randall at the Assizes, in August, 1819, but did not speak to him 
respecting the suit. 



February 2\st. 

The Committee met again. 

The Petitioner attended. 

Dr. Leffertji again called in and examined : — 

Says, he remembers in 18 IG, Mr. Justice Boulton, then Attorney General, con- 
ducted the trial of the same cause of Randall vs. Phelps — A nominal verdict was 
given and the cause referred to arbitration — no award was made, and it was tried 
at the next Assizes for Niagara. 

Mr. Randall states to the Committee that a different lot from that mortgaged to 
Mr. Boulton was sold in execution to satisfy his debt, which Mr. Boulton says he 
has no doubt might have been, for he gave no particular directions to the Sheriff 
on the subject. 

William Morris, Esquire, called in and examined by Mr. Randall : — 

Says, he has no acquaintance with Mr. LeBreton — knows Lot No. 40, in Ne- 

pean — called Point Nepean — heard it was sold either to Captain LeBreton, or Mr. 

Sherwood, now Judge Sherwood — Mr. Morris's brother attended the sale — it took 

5 lace at the Court House in Brockville, Nepean, being then part of the District of 
ohnstown — does not remember how long he had heard of the sale before it took 

He authorized his brother, being at Brockville, (Alexander Morris,) to bid as 
much as jE300 for 't ; he afterwards found that his brother had gone as far as £449 
for it, but not liking to go further, it was bid off to Captain LeBretpn or Mr. 
Sherwood for £450. 

Being asked by Mr. Randall whether he did not tell him, Mr. Randall, during 
the last Parliament, that he had only heard of the sale the night before it took 
place, answers that it was impossible, as he had himself walked to point Nepean, 
(50 miles,) to see the Lot before the sale, and had in consequence sent the direc- 
tions to his brother. A Sheriffs notice of the sale was put at his, Mr. Morris's 
shop door in Perth, which is as public a place as any merchant's shop in Perth ; it 
was put up as notices always are, on the inside of the door ; knew nothing of the 
intended sale till he saw that notice — he went down, in consequence of a conversation 
with Dr. Thom, who had received information from ,^ouie person on the Ottawa, 
fchat Point Nepean was a valuable situation, and they consequently both went on 
foot to see it ; after his return he wrote to his brother, by i)ost, the instructions 
spokeii of, and he thinks that the sale took place a few days after, but he docs 
not distinctly recollect the time. 

Had he been present at the sale, he thinks he would have given as high as 700 
or 800 pounds for it. If the property had been his, he thinks he would have been 
reluctant to have taken £2,000 for it. 

Captain LeBreton was at the sale ; and his impression has always been that Mr. 



Sherwood cither participated in the purclmso or nssistcd Captain LeBreton in 
making it : but he knows not how the fact really was. 

The ShcrifF was John Stuart, Eaquirc, who is still Sheriff of the District of 
Johnstown ; he is brothcr-iu-liiw to Mr. Sherwood, and to the Solicitor General. 

Tliinka Mr, Slicrwood knew nothing of the value of the Lot until he was ap- 
plied to by Captain LcUreton to join or assist him in the purchase. 

Neither saw nor heard of any other notice of the sale in Perth, or the neighbor- 
hood, or in the neighborhood of the Lot — has never conversed with any of the 
Messrs. Wrigijts, of Hull, about the Lot — thinks they had no knowledge of the 
intended sale — found at Morris's Run, about five miles from the Point, that they 
were ignorant of it. The notice of the sale was not likely to have attracted the 
attention of people in general, as the Country was then so little known. 

He considered the place of gre value, from its situation with respect to navi- 
gation and water privileges, but not nora any idea or knowledge he had of any 
great expenditure being likely to be made there by the Government, further than 
building a store or two for the reception of emigrants. 

He meant, if he had bought it, to have given two or three acres to the Govern- 
ment for such a purpose. Thinks the Lot not worth so much now as it was then, 
from an establishment which has been made on a neighboring Lot by the Govern- 
ment since ; which has occurred, it is understood, from the refusal of Captain Le- 
Breton to part, on reasonable terras, with the Lot or part of it, for the purposes of 
the Government. 

high as 700 
id have been 

Friday, February 22nd. 

The Committee met again. 

William Morris called again and examined'; — 

Asked, what sum he would have taken for allowing any person to select an acre 
from the Lot at Nepean Point, had it been his ? — Says he would not have taken less 
than £500, and perhaps not that sum — because the best mill seat would probably 
be selected; there arc several mill seats on the Lot. 

Seven years ago, a village was laid out upon the Lot in question by the present 
proprietors — does not know what] number of houses are built there, but thinks not 
more than three or four. 

The Attorney G cncral [Hon. John B. Robinson], examined :— 

Was retained in 1817, to defend Elijah Phelps against Robert Randall, in which 
a verdict had been rendered in favor of Randall at the preceding Assizes, for £10,- 
000 — that verdict was set aside and a new trial granted in October, 1818. He was 
present as Counsel for Defendant at Niagara — he rode part of the way with I^r. 
Justice Boulton on his way to the Assizes — it was in October, 1818 — cannot say 
where he staid at Niagara. 

He knew no more than any stranger in Court that the Judge intended not to try 
the cause mentioned above — that he went as Counsel prepared for the defence, when 
the Judge refused to try it, The Solicitor General seemed annoyed at it, and so 
expressed himself to him, (the Attorney General), and thought it an unnecessary 

i scruple on the part of the Judge ; that he had been the PlaintiflTs Attorney in the 
suit : but the Attorney General thought otherwise, and expected such refusal, though 
as unapprized of it as any stranger. In the course of conversation the Judge might 
have expressed his reluctance to try the cause, and he has an indistinct recollection 

I of its being the case about the time of arranging the Circuits ; but he has no reason 
to think that the Judge had positively made up his mind when he left York. 

!,,) . 


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The Solicitor General said that Eandall had come with the intention to have it 
tried — that he himself had come with that expectation, and only for that cause., and 
that it would be a vexation to Randall. 

He waa never retained by Mr. Boulton as his Counsel upon any of the applica- 
tions made by Mr. Randall to set aside the proceedings in Boulton vs. Randall. 
That either on the application of Mr. Stuart or Mr. Rolph, or both, he did, at the 
request; of the Solicitor General, the grounds of objection which he stated to be 
against the motion, and perhaps engaged in answering the rule Nisi That the Soli- 
citor General applied to the Attorney General, to oppose the Writ of Error, and he 
would have done so had he been present. He suggested to the Solicitor General not 
to object to the legality of the Writ in error, but to allow the irregularities to come 
into discussion in that shape before the Court, if the Court did not themselves 
object to it. 

To this the Solicitor General assented. 

But as the Attorney General then went to England, is not acquainted with the 
further progress of the matter. 

The cause of Randall vs. Phelps, was tried at Niagara, in 1819, before Powell, 
C. J. and a special Jury. Randall in person pleaded his own cause, and not by the 
Solicitor General, who was not present. He heard Randall, in pleading his own 
cause, say that he was abandoned by his Counsel, the Solicitor General [Hon. 
Henry J. Boulton], and has no doubt Mr. Randall appealed to the indulgence ol the 
Court upon matters of law, under the circumstances in which he was placed. The 
cause was called on Jit the request of Mr. Randall himself ; that he thinks it likely 
the Judge told him, Randall, that every legal advantage should be afforded to hira. 
The cause went off upon no legal objection ; but it went to the Jury on the 
evidence ; the Chief Justice charging strongly in favor of the Defendant. 

Saturday, 23rd. 

h • ' 

The Committee met. 

Mr. Randall attended. 

Mr. Morris again examined : — 

There were but four or five inhabitants in the Township of Nepean at the time of 
the sale, and these, he thinks, were what are called squatters. The river Good- 
wood empties into the RiJeau ten or twelve miles from the mouth of the Talter; 
thinks there was not an inhabitant on the river Goodwood nine or ten years ago. 
Had he never seen any particular Lot on the Rideau below the river Goodwood, 
which might have been advertised for sale, he would not have given much for it — it 
is good land, however, and thinks it would now be valuable. At the time spoken 
of, in 1819, thinks land so situated would have been worth about seven and six 
pence per acre, though now it is worth five or six dollars — would not have thought 
eighty acres in that situation a good security for £100 ; there is no mill seat on the 
Rideau ; on the place spoken of it is dead water. 

Mr. Boulton attended, and produced to the Committee a mortgage from Mr. 
Randall to him, dated March 17, 1817, which is the same referred to in the bond on 
which judgment was entered. The mortgage is upon Lot No 11, in the first Con- 
cession of Nepean, on the Rideau, for £100 ; to be paid 1st January, 1818. The 
Lot is said in the mortgage to contain 200 acres. Mr. Boulton produced a certifi- 
cate from the Surveyor General, that the lot thus mortgaged contains only 78 acres: 
and that the patent to >.xr. Randall described lots Nos. 10 and 11 in the first Con- 
cession as containing together only 100 acrep, and Mr. Boulton calls the attention 



n to have it 
t cause, and 

the applica- 
vs. Randall. 
I did, at the 
stated to be 
lat the Soli- 
rror, and he 
General not 
tics to come 

;ed with the 

Pore Powell, 
i not by the 
ing his own 
neral [Hon. 
Igence ol the 
laced. The 
nks it likely 
•ded to hira. 
Fury on the 

t the time of 
river Good- 
the Talter; 
I years ago. 
ch for it — it 
time spoken 
iven and six 
ave thought 
1 scat on the 

;e from Mr. 
the bond on 
le first Con- 
1818. The 
jed a certifi- 
dy 78 acres: 
c first Con- 
;he attention 

of the Committee to the circumstance that in the mortgage. Lot No.* 11 only was 
stated to contain 200 acres. 

Mr. Boulton also produces an affidavit of Mr. Randall, sworn the 6th July, 1824, 
for the purpose of his qualification to be returned as a member, in which he 
describes the Lot in question. No. 11, as a broken Lot, whereas in his petition to 
the house, he states that he gave Mr. B(^ulton a mortgage on 200 acres of land, 
lie also produces a certificate given by the Deputy Clerk of the Crown, setting 
forth various causes conducted to judgment by other Attorneys, viz. : — Fothergill 
vs. Brice ; Somers vs. Petit; Heron vs. DeWitt; McNider and Forsyth vs. Clarke ; 
in which the proceedings were precisely such against the Defendants residing out of 
the Home District as in the case against Mr. Randall. 

And he remarks that, in the case of Mr. Somers vs. Petit, in which Mr. Baldwin 
was Plaintift''8 Attorney, and judgment by default was obtained in the same man- 
ner, he (the Solicitor General) was Counsel for the Defendant, and did all he could 
to obtain relief against the judgment, but in vain ; and the judgment was confirmed. 

Mr. Beardsley, a member of the Committee, and also a Barrister and Attorney, 
states that it is perfectly notorious that tlie practice was so under the rule of Court, 
and that he heard many cases where the judgments were so obtained. 

Mr. Boulton also produces his dockets, showing that his proceedings for clients 
in similar cases were precisely such as took place in his action against Mr. Randall. 

In particular, he shows a cause in which he was PlaintifTs Attorney for James 
Samson, Esquire, against the Hon. William Dickson, a Member of the Legislative 
Council, whose residence in the Town of Niagara was known to every person, in 
which cause the proceedings were just such as those of which Mr. Randall complains. 

Mr. Boulton also produced a writ, certified by the Clerk of the Crown, of judg- 
ments against Mr. Randall in other causes which were depending against him at the 
time he pressed the payment of his bond ; among these is a case of Thomas Clark 
vs. Robert Randall, in which judgment was obtained for £415 13s. O^d. In this 
case, the Attorney General was concerned for the Plaintiff, and as he states that 
Mr. Boulton had obtained judgment against Mr. Randall a short time before Mr. 
Clark's could be entered up — and that he looked into the proceedings with a desire 
to set them aside if he could, to prevent his obtaining precedence of Mr. Clark, 
but finding them in accordance with the ordinary practice of the Court, as it 
appeared to him, he concluded there was no ground. 

Mr. McDonald, M P.P., called in, and examined: — 

Mr. Boulton related to him that Mr. Randall had informed the Committee, 
that he (Mr. McDonald) had stated to Mr. Randall, that the advertisement of the 
SherifTs sale of Mr. Randall's Lot, was put up with the face to the wall, and on the 
back written " a watch to be raffled for,'' and Mr. Boulton asks Mr. McDonald if 
the fact was so, or if he ever stated such a thing to Mr. Randall. 

Mr. McDonald states that he never saw, never heard of, or saw any thing of the 
kind, and never did state any such thing to Mr. Randall ; at least, that he would 
swear that to the best of his recollection he never made any statement of the sort. 

Mr. Hornor, M.P.P., called in by Mr. Randall : — 

Says that he heard Mr. Randall say, four years ago, that Mr. McDonald had 
made the statement respecting the advertisement mentioned above ; but he never 
heard Mr. McDonald say so. 


li ':fM 

• it •"; 
'' it M 



Comraitlcc n,ct ag„:„. ^"""'''^' ^'''- ^^' '828. 

think, withii, one oVV ''f "" ^^'"^ purcl.ascr at S e Hff 't f' "' *''' ^^"'^ ^^" ^^••• 

aa he tlLkV cintaji 7 't "'"' ^" l>ecember. ?82o On ft ''"' ' '"'■'='"^^^'' ^''^'n 
valuable LoAv-^Sl?^ ''-""^ *« him at BrocI v^. 'T"^ "'' ^^'« ««J«' 

Breton, reJded t In to '^^ I' f'''"^'^ ^«J«. ^'tua^e on JSe O to '"'^ ?''^' ^^'"' « 
sufficient money' a, n.J "'"'''"^ *° b^^'''"^ the purchaser hut "' '^^'""'^ ^'^' ^^• 
and he proposeTtoU «, P"'''^"« ^« understood ScorT' ^'''' ""\'"''« ^« ^'^d 

to enabfe K to buv ' 11^77°? *° •'«''' '"'» i" P chase or l'"/":.''"^ *" ^"^' 
buy land at Vhnf 7' Y"^ ^'''^^^'^ *» Capt- LeBreton f?.' . u ^^""^ '^'"^ nioney 

He does not know fl.of ov, 
chase at Sheriff'" s^Vh,,,?-^ r''?" ""'^^^ ^vith Captain I oB...f • , 

ile has laid out the fronfnf i • . r'^'^'"on was made. *= 

of theCoZl'lSincTh^ ^^"^'-^^'^ Office, at t'he l.;'^'^'^''\'''" ^^'«^ '"^^^ 
time after The SL^'f' ^«^- « Purchase of a nit '^^ "*' ^? ""'^"''^^o^d' 

near it called R?? " ^''"^''^' ^^"gh. There isT Tn ' u^ Pf ''^P^ several, on 
been Wt'b!.'"„t''a<^ -" ?? "", ''"'■ H'^^Crti„^:\,::^\\''"^Y-^»^ 


find boii)^ exa- 
<"i the Otfavvii 
lie suit of Mr. 
>n afterwards, 
)urcl)aser from 
ig of the sale, 
stated, that a 
vhere he, Le- 
t sure he had 
Jding to buy, 
fl hina money 
pt inclined to 
in question; 
it) or would 

in LeBreton 
ns were sold 
nks between 
ment of the 
to him, but 
e took from 
'oicty,) and 
ain LelBre- 
tlie lot was 

n the pur- 
me months 

Berry ,„ the ho„so fir,, spoken „f '" '"'"" ''"'" """"= ' »"» Firth is living S 

To questions put bv Mr T\ u 
intended to be lipt seeret "byTheSher^'' h'^'l ^' ^l'' understood the sale was 
advertisements to Nepean and Perth Tn^nf ^T^ '^' ^''^""^ '^y that heMJ 
Jdea that the Sheriff Was at all aS^ o? tho vT'^'K ^f'r' "^ *^« district : ha no 
W not .ng of it till informed :rit\;' Stl^ ' ''^ '^°' ''^' '' '' ^« (^^^ « ) 
-pectin,\&^;i; -- -^^ ^^^ 

was aware that he, Mr. Shcrwon """'^'f"^'' ^\^ ^md had been sold, and that iT^ 
d ssatisfied with the judgm "^^1 Zl f!!''' t ' ^'Z- ^^^"^''" W-e 1 t be 
it n?f °" ^'^' r* t'-'^^ted him wo I he s. d tf m"''^. T'"^* himV saying tha? 
sale till he was told of it during tl c sit iL nM^'''T ^'°. "'* "« knowledge of the 
Mr. Morns or some other person. ^ "'^ ^'^^ Legislature then in Selsion, by 

i.;^;^ s£S; SK n^ t^-'^«"'3 lands, at the suit of Mr Clark 
the price; it was/he thinks, u'de' £20 ^S T '\'^ ^"'"'" ' ^«^« not r eotct 
land was 0^,^^^^^ about GO or 70 acre's hadtZ-^T^'fr ''''''''y' '^^ Quantity of 

:^^:^:i z^^ -^ ^- -- ^ ^^^^^''^trtt^^s^t!: ^i 

i" WSS t.;StS^- -f -* «^-^ the land (No. 40) be- 
can depend on the statement of d e S LiH" T^fTl •" '",^"'^^' "'^d\o far as he 
advertised as Sheriff's sales usua Iv were Ln ^'^f ''' ^^'''' *''« ^^nd was as tell 
Statute on that head in 1899 1 1^ ?' '^^"''h was before the vas^\,Jr,elt 

~o .ct has co^ ^ ^^-f:^ - -~£s:gg 

auch practice was conSt wi h^X S^r/'^'" "^'T^^^ ^ 
Remembers the cause of Sommers J. Petti "•' ^'?°*V^%^«"1J not then judge 
Esquire.) was Attorney for trPk'ntiff an^^^^^^^^ "tt '^'^/''ther (W. W. Ba ffir,' 
reference to his father's docket he fiS ^1 f • ?"1'^*'*" ^""^ *h« Defendant : uDon 
un er the same rule of Courtis nSltt'lrStT ^^'^T^^ -« -S 
eited lumself as much as possible for thrDpJn;^ i^andall; knows Mr. Boulton ex- 
en ered on the assessment. T at ca^se waf "n" ' ' ^"/ '^' J"^°'"^"* ^^as finalt 
judgment was for about £500 'Afin^ '.n^nortant one as to value • the 

was signed 29th July, 1820 dcm nd of" il '^ J"'^^'"^'"* "^ Sommers and Petti? 

^p :=s^i^ t^^S^- ^- ^zf^ 

'erviocs s|,»Si° W ; ' ' Tl ''■" "" ''""''" "' '» ""■ U^ing Xl t to tT." 

, t' ) 

. ' '' 
I I 

/ ; 


'(. ii'. 


^^Hl'' ' 'f: 

, SI 

Mr. BouLTON to Mr. Randall. 

York, 8th July, 1819. 

Sir, — From what lias occurred, I suppose you do not wish mo to advocate your 
two causes at the next Assizes: if that is the case, I should wish to know it im- 
mediately, as it will save me some trouble. Indeed I am not very anxious to be 
the advocate of a person who is so very illiberal in his sentiments, because I should 
expect (from the specimen in your former letter,) that should all my efforts prove 
of no avail, you would accuse me of not sufficiently exerting myself, and allowing 
the other side, from improper motives, to obtain undue advantages. 

At all events, in order that I may not subject myself in future to the like treat- 
ment and similar observations, I shall expect the fee with my brief, to be advanced 
which will preclude all misunderstapdings. 

If possible to be procured, you should have the original note upon which the judg- 
ment in Mr. Clark's suit was obtained, louhad better write to some of your 
friends in Montreal, to apply to the officer of the Court for it, who perhaps will 
give it up. 

Your obedient Servant, 

To HoBERT Bamdall, Chippawa. 

York, May 24th, 1819, 

Sir, — I received your most extraordinary letter of the 17th instant, by Mr. Smith, 
■which if there is any meaning at all to be given to it, is a very impertinent one, 
and such a one as I will not permit you or any other client to write to me with 
impunity. I would have you to understand, that I am not rendering you any pro- 
fessional assistance from what you may fancy popular reasons, and therefore any 
further than my duty to ray client prompts me, I do not care a farthing about you. 
You gave me what I expected at the time, to be a security for £100; half for my 
wn benefit, and the other for my father's. This security I find not worth half a 


dollar per acre, as there are no inhabitants in the Township. In addition to which, 
I have your note for £25 due on the first of this month, both of which sums, with 
interest, amount to nearly £140, and the security I have, independent of your 
personal responsibility, is not sufficient to guarantee the payment of one half that 
sum : and as I am not looking to the result of your business, as you call it, for my 
payment, I insist upon having the money, long due to me for my services already 
performed, paid or secured in a sufficient manner. Were you unable to do either, 
I should not perhaps expect or wish it, but in proportion as you oppose giving me 
■what I have a right to, so in proportion shall 1 insist on it, as you can have no 
honorable or just reason for withholding it. If you will pay me down £50, so as to 
lessen the burthen upon the land, I will accept it, and let the remainder stand as it I 
does. I return the cognovit for your signature, and patiently wait the return of I 
the post. Mr. Jarvis, I fancy, will hand you this, who will give vou a receipt fori 
any money you may pay him. You may be certain I shall not retract one farthing. 

Your obedient Servant, 


Mr. Randall, Chippawa. 


Charles Fothergill, vs. Peter Bice, of the District of Newcastle. 

loiu t"1^' 1819.-^ppearance entered, per Statue 60 Geo. III. 

1 7 t l^Z' 1 «iT^^ rf ""^ "«n-J-esidence of debt fyled with a demand of plea. 
17th July, 1819.— Interlocutory Judgment fyled. ^ 


for Plaintiff. 

Absalom Sommers vs. Thomas Pettit. 

I«Iu t"!^ \l^S;~^J!E?''*'^"''';P^'' ^*^*"t«' ^"*ered by Plaintiff for debt. 
Jbth July, 1820.— Aftidavit of non-residence sworn, and demand of plea put up 
in the oiface. r r i 

29th July, (b.— Interlocutory Judgment signed, for want of a plea. 
Michaelmas Term.— Motion for new trial on payment of costs refused. 
Verdict £490. 


for PlaintifF. 


Heron vs. Dewitt. 


10th January, 1820. — Appearance per Statute. 
25th January, do.— Demand of plea put up in the office. 
Affidavit of non-residence allowed in bill of costs. 
31st January, do. — Interlocutory Judgment signed. 
Notice of Assessment of Damages put up in the office. 


for said PlantifT. 

Adam L. McNider and John Forsyth vs. John Clark, do. debt on bond, 
I xloO. 


for Plaintiff. 
16th January, 1821.— Appearance per Statute. 
22nd January, do. — Interlocutory Judgment upon an affidavit of non-residence, 

and demand of plea, as appears by the bill of costs. 
24th March, 1821 — Final Judgment signed without any rule to refer bond to 
the master or assessment of damasres. 

I certify the above proceedings to be correct, as appears by the papers now in the 
j Crown Office. 


Deputy Clerk of the Crown. 

I certify that the broken Lots, Nos. 10 and 11, in the 1st Concession on the 
KiverRideau, in the Township of Ncpcan, were given in the grant to Robert 
ttandall. Esquire, containing 100 acres. By the plan, they appear to contain 


Bomcwhat more, that is to say, the broken Lot, No. 10, about 50, and the broken 
Lot No. 11, about 78 acres. 


Surveyor General. 

Surveyor General's Office, York, 14th February, 1828. 


I, Robert Randall, of the Township of Stamford, do swear that I truly and bond 
fide have such a freehold estate situated in the following places :— the place known 
by the Bridgewatcr "Works in the waters of the Niagara River, between the mouth 
of the River Wclland and the Great Falls in the Township of Stamford, District 
of Niagara ; four frame dwelling houses, under two stories, with not more than two 
fire places; twelve hundred acres of land, being the North part of the Lots Nos. 
15, 16, 17, 18, 19, and 20 on the South side of the River Wclland, in the Town- 
ship of Wainilcct, District of Niagara ; compensation allowance for the destruction 
of the Bridgewatcr AVorks in the late war with the United States of America, 
detained inlhe hands of this Government by my order, (four thousand pounds) ; 
seven hundred and twenty six acres of land, Lots Nos. 38, 39, and 40, in the first 
Concession from the Grand or Ottawa River, and the broken fronts of said Lots, 
in tlic Township of Ncpcan, in the County of Carlcton, District of Bathurst ; 450 
acres of land, broken Lots Nos, 10 and 11 in the 1st Concession ; Lot No. 11, and 
the easternmost or front three-fourths of Lot No. 10, in the 2nd Concession, upon 
the River Ridcau, Township of Ncpcan, County of Carlcton, District of Bathurst; 
400 acres of land, Lots Nos. 11 and 12, in the 8th Concession of the Township of 
Matilda in the County of Dundas, Eastern District ; 400 acres of Land, Lots Nos. 
10 and 11, in the. 6th Concession of the Township of Young, County of Leeds, 
District of Johnstown, over and above all incumbrances that may effect the same ; 
and am otherwise qualified according to the provisions of the law to be elected and 
returned a ^Member of the Commons House of Assembly, according to the tenor 
^nd true meaning of the Act of Parliament in that behalf ; and that I have not 
obtained the same fraudulently for the purpose of enabling me to be returned Mem- 
ber to the Commons House of Assembly. So help me God. 


Sworn before me, at Stamford, 

in the County of Lincoln, in the District of Niagara, 
this 26th day of July, 1824. 


Returning Officer. District of Niagara. 

I'!l i, 


I, Richard Leonard, Esq., Returning Officer for the County of Lincoln, in the 
District aforesaid, do certify, that on the 26th day of July inst., Robert Randall, 
of the Township of Stamford, did duly make and snbscribc before me. Returning 
Officer as aforesaid, the within written oath of eligibility. 

Given under my hand, at Stamford, 
31st day of July, 1824. 


Retuning Officer. 

1 certify that the foregoing arc true copies of the oath of eligibility of Robert 


1 the broken 

Randall, Esq., and of the certificate of Richard Leonard, Esq., the Returning Of- 
ficer, now fyled of record in the Crown Oflic(\ 

In testimony whereof, I have Iiereto set my hand and affixed my seal of office, 
this 8th day of February, in tlie year of our Lord, 1828. 


Deputy Clerk of the Crown. 

Know all men, by these presents, that I, Robert Randall, of the Township of 
Stamford, in the District of Niagara, gcntlemo,n, am held and firmly bound to Hen- 
ry John Bpulton, of the Town of York, in the Home District, Esq., in two hun- 
dred pounds of lawful money of Upper Canada, to be paid to the said Henry John 
Boulton, or his certain Attorneys, executors, administrators or jxssigns, for which 
payment, to be well and truly made, 1 bind myself, my heirs, executors and admin- 
istrators, firmly by these presents, sealed with mv seal, and dated the 7tli day of 
July, m the year of our Lord, one thousand eight hundred and eighteen. 

Whereas, by an indenture bearing date the 17th :March, 1817, the said Robert 
Randall, mortgaged unto the said Henry John Boulton, all that parcel or tract of land, 
situated, lying and being in the Township of Nepean, in the District of Johnstown, 
containing, by admeasurement, 200 acres, more or less, being Lot number 1 1 , in 
the Ist Concession, (on the Rideau) of the said Township of Nepean which is more 
particularly described in the original grant from the Crown, of tlic said parcel or 
tract of land, to the said Robert Randall, and wiiich said indenture of mortgage is 
meant as a security for the due payment of the sum of £100 of lawful money ofljp- 
per Canada, by the said Robert Randall, to the said Henry John Boulton, with 
lawful interest from the date hereof, and, whereas in the said indenture of mortgage, 
there is not contained any covenant for the due payment of the said sum of £100, 
as aforesaid, according to the true intent and meaning of the said parties, now the 
condition of this obligation is such, that if the above bounden Robert Randall, his 
heirs, executors, or administrators, do and siiall, well and truly, pay or cause to be 
paid unto the above named Henry John Boulton, his heirs, executors, or adminis- 
trators, the full sum of £100, of lawful money aforesaid, with lawful interest for 
the sanie, from the 17th March, 1817, on the 1st day of January, next ensuing the 
date of the above written obligation, then this obligation shall bo void, otherwise 
the same shall remain in full force. 


Sealed and delivered in the presence of 


' l 


l^Copy of the Promissory Note.'] 

For value received I promise to pay Henry John Boulton, Esq., or order, the 
sura of twenty-five pounds, seventeenth October, 1818 — payable Ist May next, 


I certity that the preceding paper writing contains true copies of a bond and a 
promissory note, fyled of record in the Crown Office, in the cause of Henry J. 
H„..u._ Vg^^jj-g^ against Robert Randall. 



I . 



In testimony whereof, I have hereto set my Ilanil and affixed my Seal of Office, 
this seventh day ot February, 1828. ' 


Deputy Clerk of the Crown. 

■ No. 8. 

A list of property on which Robert Randall declares hia eligibility as a Candidate 
to be returned to the Commons House of Assembly as a Representative :— 

The place known as Bridgewater Works, on the waters of the Nia^rara River 
between the mouth of the River Welland and the great Falls, in the f ownsh p of 
Stamford, district of Niagara. ^ 

eacli £35™° dwelling houses, under two stories, with not more than two fire-nlaces 

lo^'^n^ "^'■f °^ ^''1'^' ^""^"S ^^^ ^"•"^^" P«"-t of the Lots! NumbeVsV 15,*i6," 17.* 
18, 19 and 20, on the South side of the River Welland, in the Township of 
Wainfleet, District of Niagara ^ 240 

Compensation allowed for the destruction of the BVidgewaVer Works' 'in 
the late War with the United States of America, detained in the hands of 
this (jovernment, by my order 4 qqq 

776 acres of land. Lots No. 38, 39, and 40, in the"'l'st'Co'n'c'e8'8'i'on',"fro'm ' 
the brand or Ottawa River, and the broken fronts of said Lots in the Town- 
ship of Nepean, County of Carleton, District of Bathurst... 155 

450 acres of land, broken Lots, No. 10 and 11, 1st Concessio'n 'Lot'No. 
U, and the Easternmost or front three-fourths of Lot No. 10, in the second 
concession upon the River Rideau, Township of Nepean, County of Carle- 
ton, District of Bathurst an 

400 acres of land, Lots No. 11 and 12, in * t'he" 'eighth 'Conc'ession 'of the 
Township of Matdda, County of Dundas, Eastern District 80 

400 acres of land. Lots No. 10 and 11, sixth Concession of the Townshi'p 
ot ronge, County of Leeds, District of Johnstown gO 

Total, 3226 acres assessable property— amount of rates, £736 


Chippawa, July 26, 1824. 

n,pnf nf f{ tte paper writing marked No. 1, hereto annexed, is a correct state- 
ment of the proceedings in the cause wherein Henry John Boulton, Esqufre is 
bL mafk^L^^.^''? ^r'^f' ^^'l"^^?' '' Defendant /and also that th Srwri- 
nfflrW f ' ^i'° hereto annexed, contains true copies of the appearance paper, 

affidavit of non-residence, and demand of plea-and the interlocutory iudS 

E;;Scaise""" " record in the Crow^SVcffn the 

♦V,;!V^f !i™°°^r ^^^^«°^' .1 J^f^e hereto set my Hand and affixed my Seal of Office 
"eighl^'^"^"^^^^ " ^'^ ""''' '' ^"^ ^"^^ -« ^»— d eigL hlredt'd 

JAMES E. SMALL, [o. r.] 
Deputy Clerk of the Crown. 

Henry , 

The Plainti 




No. 1. 

__ _ In the Kino's Bencu. 

IlENnv John Houlton. riaintifr^ rnrrrt; „„*• 

^^ "N, 1 laintiM. » I'll IS action was commenced bv a Writ of 

Robert Handall, Defendant I th. n'^TJ'' '^ P'^'^ P^^^^*' '«3ucd from 

ing the fifth day of ju yTth.t vcar T '' ^'^yof Trinity Term, 1819. be- 

was fyled in the said Crown Office ^n the l^llh r'^'V";**; ^K^i^f ^''^''^tio" """exed, 
made by Samuel P. Jarvis beforo Trnmn« n- l ^ °^'^u'^' ^^^^' ^^'*'' an affidavit 
atatinjhat the same Ta'^ertLr^^^^^^^^^ 

(lay of June, of the same vear On f ho «.W1 i • u i ^ li ^^PO"«"t> «" the 22nd 
for said Defendant in said cause w^, onf 1 l-^^'' J'^X of June, 1819, an appearance 
the same day an aL!" t 3e on thol^?, '^'^ "^rT^r'^'^ on 

Small. Clerk^of the CrowUv i^ie pre nt Honnfjl 1 '^"'^'n ^?J^' '^^^^^^ ^^^n 
student at law with the sa d HonrJ^Tl ^f"?;''''^^ J^.'^es ». Macaulay, then a 
denceof the DerencL i^the ZL D^^^^^^ T'"^ '^'\'^' place' of resi- 

also a demand of plea were fyled ir^hofv' ''^1}'''^''^:'' *° ^^'' I^eponent. and 

1819, interlocutorHurment was i.5cd , "rfi^ ^" '^' ^^'!f ^'^^ "^ J"'3^» 

dred and twenty-five poSs lb' Ind fil ^"^' jfS"'*^" .entered for two hun' 

Crown Office on the return dav an 1 on tC f ^'' w *' ''".' ^^^^^ '" ^^^ said 

m^ay^f March, 182.; withVSwirrrr^ 

ttwd' Z' X- '^'^ r' ^"'^"T ^'^^^^'^ mentioned, whrcfl'havere?dT^^^^^^^^^ 
the Lord the Kmg, to be rendered to the said Henrv John Bouhnn f.t ik- !! u! 
and damages aforesaid, as within I am commanded! ^ ' ^°' ^'' ^'^' 

(Signed,) JOHN StUART, 

Sheriff, District of Johnstown. 

No. 2. 
In the King's Bench.— Trinity, 59 Geo. III. 
Ti ry^ • •i^'^''"'' "^^ ^^^^^ON one, &c., vs. Robert Randall. 
Ihe Plamtiff appears for the Defendant in this case according to the Statute. 

^ H. J. BOULTON, In person. 

Ann. ^rT?.'''' *^ «boye.-In B. R.-Boulton, ... Randall. 
Appeared— Fyled 13th July, 1819. 

J. SMALL, C. C. 


t :" 










In the KiNCi's liENt'ir. — Trinity Term, 59, Geo. III. 
II. J. Rour.Tov, one, &c., ix IlonKirr llANDAi.ri. 
The Plftintlft'dcmanda n pica in tl:c cause from tlio Defendant by 

Yours, &c., 


Pluintiil' in person. 

To Robert Randat.i., the nljove Defendant. 
Jamea B. Mncaulay, of tlio Town of York, f^entlenian, makotli oath nnd saith, 
that the above named Defendant, Robert Randall's place of residence, in the Home 
District, is not known to this Deponent. 


Sworn before mo this 13th day of July, 1819. 

Entered 13th July, 1819. 


Clerk of the Crown. 





■■■' K; 

K' • 



Indorsement on the above. — II. J. Boui.ton, vs. Robert Randai-l. 
Affidavit of non-residence and demand of plea fyled 13th July, 1819. 

J. SMALL, C. C. 

In THE Kino's Bench. — Trinity Term, 59 Geo. III. 

Henry John Boulton, vk. Robert Randall. 

The Plaintiff signs Judgment in this cause by default for want of a i)lea. 

II. J. BOULTON, Plaintiff. 
17th July, 1819. 

Indorsed on above. — In B. R. — Trinity Term, 59, Geo. III. 

II. J. Boulton, vs. Robert Randall. 

Interlocutory Judgment, fyled 17th July, 1819. 

J. SMALL, C. C. 

i*laintiff in person. 

No. 10. 

Upper Canada,"* GEORGE THE THIRD, by the grace of God, of the United j 
Home District. >• Kingdom of Great Britain and Ireland, King, Defender of 

To wit: ) the Faith. 

(L.S.) To the Sheriff of the Home District, 

Greeting : 

We command you that you cause to be levied of the goods and chattels in your I 
District, of Robert Randall, as well a certain debt of two hundred and twenty-five [ 
pounds, which Henry John Boulton, lately in our Court before us at York, re- 


covered urn, aa «l.o fivo pounds three Hhillinffs and ci-ht pence which in 
our sumo c;ourt ,e(uro us were uwur.lod to the Baid Tlenry Jol.n lioulton! br his 
(lumuf^c., which he had Bustaiucd. as w.ll by oceasiou of thJ dc^ ^ « "nil deb 

the 8a.d Robert Kamhil couvu-.tcd as appears to us of record, and have vou that 
money be ore uh a \orIc, on tbo Hrnt d.l; of Michu,hnas Tern, ncx^^o r^endcr to 
the mjul Ilenry J., „^ lu^dum, for his debt and^es nforesairand have the o 
and then Ins Wr.t Wunens the Honorable WilUam Duimncr Vowel cV the 
seventeenth day of July, in the lilty-ninth year of our Kcign ' ' ° 

II. J. BouLTON.~In person. 


Clerk of tho Crown. 

Indorsement on the abovc.-II. J. Boulton vs. Kodeht Randall. Fi. Fa.- 

Nulla Bona.— The answer of 



Return and fyled 1st Nov. 1819. 


i •- 


Upper Canada, 
Home District, &c. 


J GEORGE THE THIRD, by tho grace of God, of tho 

< Unued Ivmgdom of Great Britain and Ireland, King, 

(. Defender ot tho Faith. *" 

To the Sheriff of the Jolinstown District, 

Greeting : 

\Vlierca3 we lately commanded our Sheriff of the Home District that of thp 
goods and chattels of IJobert Randall, in his District, he should caTse to be made 
as ^v•ell a certjun debt o two hundred and twenty-five pounds which Henry John 
Boulton lately ,n our Court before us at York, recovered against him, as dso five 
pounds three shdhngs and eight pence which in our said Court before ^ were 
awarded to the said Henry John Boulton for his damages which he had eusta ned 
IZf y.'^'T'^ '[ '\' ^l<^i^i""'g of the said°debt, as for his costs ami 
charges by hun laid out about his suit in that behalf, whereof the said Rober 
Randal was convicted as appeared to us of record, and that he should have that 
money before us at York, on the first day of Michkmas Term then next to ren 
dor the said Henry John Boulton for his debt and damages aforesaid And ha 
he should have then there that writ: And our said Sheriff of the Home District 
at that day returned to us, that the said Robert Randall had not any ^3 or ch"?! 

fo.e aid, or any part thereof, whereupon, on the behalf of the said Henry John 

Randall h'ntif '""t-'^'l^i" Y'^f '"' '"^' '""'^ ^'''''' ^'^'^'^ "^ that the said kbert 
Kandall 1 ath sufficient lands and tenements in your District whereof you may cause 

be made the debt and damages aforesaid and every part thereof,^ therfbre we 

command you that of the lands and tenements of the said Robert Randall in your 

-Uistrict, you cause to be made the said debt of two hundred and twenty-five 

S nn,l".l '^ '''''V'' T'"'"^' t'"^^ ^'""'"S^ ^"^ '^Sh' P^"'^^ the damages Ifore- 
Shi? T ^'" ''"'■" '^^"' money before us at York on the last return day of 

dam Ir'J '"• 1 "'-^V/' ''''^''' '? '^'' '^'^ ^^«°^'^ J°l^" ^'>"lton for his debt and 
\ Uamages aforesaid, and have then there this writ. 



Witness the Honorable William Dummcr T owell, Chief Justice, at York, this 
firot day of November in the Sixtieth Year of our Reign. 


Clerk of the Crown. 
H. J. BoULTON. — In person. 

IvDORSEMENTS on the above. — By virtue of thid writ to me directed, I have 
caused to be made by the public sale of the lands and tenements of the within 
named Defendant, Robert Randall, that it is to say, Lot number forty in the first 
concession of Nepean, in the Johnstown District, together with the broken front 
thereof on the Ottawa or Grand River, the debt and damages within mentioned, 
which I have ready before the Lord the King to be rendered to the said Henry 
John Boulton for his debt and damages aforesaid, as within I am commanded. 

JOHN STUART, Sheriff, 

District of Johnstown. 

Levy one hundred and fifty-five pounds six shillings and four pence, iogether 
with execution, Sherifr''8 poundage, and all other expenses. 

£155 6 4 H. J. BOULTON, Plaintiff. 

H. Fa. 18 6 

£156 4 10 i 
Received the amount of the within^. /a. and my fees in full. 

JOHN STUART, Sheriff, 

Distiict Johnstown. 

Boulton us. Randall— ;;^, /a. — Lands and Tenements, fyled and returned, 17th 
March, 1325. 



Received the 13t.h November, 1819. 

JOHN STUAitT, Sh-riff, Johnstown DlsJrict. 

2 Deeds - £2 6 8 

Poundage.. ,.... , 3 4 

Returning Writ 3 8 

£5 13 4 

I certify that the foregoing are true copies of the fieri facias against tha goods j 

and chattels of Robert Randall, Esquire, and also of i\\e fieri facias against thelanda i 

and tenements of the said Robert Rfndall, Esquire, with the several indorsements 

thereon, at the suit of Henry John Boulton, now filed of record in the Crown Ofiice. [ 

In testimony whereof I have hereunto set my hand and aflSxed my seal of ofiice, | 

the ninth day of August, one thousand eight hundred and twenty-eight, and in | 

the ninth year of His Majesty's Reign. 



No. 11. 
atrSuTtVm^^^^^^^ "«--' the lands of Eobcrt Randall, Esquire, 

mZfulT ^''""^' I821.-Rerurnedand fyled ia the Crown Office, 17th 

t\^eL:i'S;:lZ:ttm'l^ ^•IV'^^'^ -*° -^ ^--ds and possession on 

part of that to public sLT and havo «nlf ^.' f Johnstown, and have exposed a 
£32 108., and the residue of s;ddKn'? fT '^"'^''^ ^' ^^^^ ««!« *« ^he.value of 
want of buyers. ''*'*^ ^*°*^' ^"^ tenements still remain in my hands for 

Levy indorsed on writ, £4.4 4s. lOd., besides Sherifl's fees, ^f'^ ^^'"^'°'"' 

Crown Office, 7th September, 1825 ''^^ ^^^^' ^°*^ ^"^^"^ '" *h^ 

an?LlmrnSVf'tLtltht^^^^^^^^^ i ^^^.T^^ *« ^« -ade of the lands 

.leven shiUings and four pencrwh^c^l^r?!' *''''"? ftjirty-three pounds 
Kin- at the day and place withS 7antLZ .^ ^^''^ '^^^ ^"^"'"^ *h« ^"^^^ the 
Clarl in part of his dla^e wl^hm l?nJ^' ^V^^^f^t^ t^« ^^ithin named Thomas 
, Robert RLdall has not aSj oS^r oTmoTltr^ \^7'^'' ^^''^^ '^'' '^' '^^'^ 

SE?o^^ LEONARD, SherifF. 
PETER T. PAWLING, Deputy Sheriff. 

^ ( 

No. 48. 

Bill No. 1, passed iv Assembly for Randall's Relief, 
(pole wS^rhel^'a tudS'^' '^P'^^^t^ Bill appointing the Hon. .John Wal- 

\ BILL. 

r ' W^gf^,tl!nti:lS l"' '^ r^^^^^"' «^"^P^^-«^ that he has suffered 
Y of Kno^sXncI in h ?Pm • f ^.^^^S"'^^^ obtained against him in the Court 
1" Solicitor r!n'i tj ^ VO^'nce, by Henry John Boulton, Esquire. His Maiestv's 
\ rul f W ^^^^^^^^^ '''' ^f tioner alleges ^as o\tained ^IS'h 

kairl n.„S ;Kin5'" ^ T '''f •'""'•'' [^^iequate relief cannot be affbrdod hv fhe 

I 'I ri 


IS; i. 

'I^i dil 

m 'ir 

ffi, J. .ai 

" it shall and may be lawful for the Hon. John Walpole WilHs, one of Hia Ma- 
" jesty'a Justices of the Court of King's Bench, in and for the Province of Upper 
** Canada, under and by virtue of this Act, at York, in the Home District, to in- 
«* quire into the truth of the statements in the said Petition set forth, and for the pur- 
** pose of that inquiry it shall and may be lawful for the said Hon. John Walpole 
" Willisi in the presence of the parties or their Attorneys, or such of them as shall, 
" after due notice, appear, to summon and examine, upon oath, all witnesses deem- 
*• ed necessary for the attainment of justice between the parties, and to enable the 
** said Hon. John Walpole Willis to inform his judgment in making his decree or 
" decrees as hereinafter mentioned ; and any person convicted of wiHul false^ swear- 
*• ing before the said Hon. John Walpole Willis, under this Act, shall be liable to 
" the same punishment as is now inflicted by the laws of the Province upon 
•* persons guilty of perjury. 

" And be it, &c.. That the aforesaid matter shall be heard and determined and 
" the witnesses examined in an open Court whereunto all His Majesty's subjects 
" shall have free access : Provided always, that it shall and may be lawful for the 
" said Hon. John Walpole Willis to commit any person for a contempt of the Court 
•* for a period not exceeding one month, and to fine such person a sum not exceed- 
*• ing fifty pounds. 

" And be it, &c., That it shall and may be lawful for the said Hon. John Wal- 
*' pole Willis, having heard the said Petitioner, and the said Henry John Boulton, 
" and such other persons as he the said Hon. John Walpole Willis shall summon, 
** or such of them as shall appear after due notice, to make such decree or decrees 
" for either the confirmation or the reversal of the said judgment, and of the proceed- 
" ings thereupon, and of any rules of law heretofore made under and by virtue of 
" the said judgment, as he the said Hon. John Walpole Willis shall deem necessary 
" for the doing of justice between all parties interested in the matter. 

" And be it, &c., That any decree, made by the said Hon. John Walpole Willis, 
" under and by virtue of this Act, shall be obligatory and binding upon the person 
** against whom or in whose favour the same shall be made ; and if any person 
•* against whom or in whose favour any decree shall be made, shall neglect or refuse 
*• to comply therewith, it shall and may be lawful for any person interested in such 
" decree to have the same registered, which decree, so registered, shall have the same j 
*' virtue and effect as if the said decree had been literally obeyed. 

" And be it, &c., That every decree made by the said Hon. John Walpole Willis, 
*' shall be under his hand and seal, attested by two witnesses, and made on or before | 
" the first day of January, one thousand eight hundred and twenty-nine. 

** And be it, &c.. That upon the production of any decree aforesaid, and a copy I 
** thereof, to the Register of any County or Riding in this Province, in whose 
*• County or Riding the land in the said decree mentioned shall lie, and upon an 
" affidavit made before such Register, or his Deputy, or any Commissioner of the 
" King's Benv^a for taking affidavits, of the due execution of the said decree or 
'* decrees before such Register, it shall and may be lawful for him to register the 
" said decree in his office, and to fyle the copy thereof, and for such registry and| 
•' fyling to demand and receive the sum of one pound. 

" And be it, &c.. That it shall and may be lawful for the said Hon. John Wal-j 
** pole Willis to award against either of the parties, such costs and chatores asj 
•* he shall deem right and just ; for the recovery of which costs and chargts,_ 
«' awarded, it shall and may be lawful for the party interested to proceed by aciionj 
" of debt in any Court of record in this Province." 

The above Bill passed the Legislative Assembly, but the Legislative Council, &9| 
then constituted, refused either to amend or pass it — they threw it out. 


>vince upon 

No. 49. 

Chief Justice Robinson to Mr. Randall-Was defendincr Randall's 
Title against Sherwood's Action of Ejectment. " 

[From Appendix to Assembly's Journals, U.C, 1836.] 
q;.. A., !• /. . York, 19th July, 1828. 

which you complain has been 51 lo-nJli^o^i i ^ * Nepean, on the Ottawa River, 
defendi^ng the aS, and h v" l^^^^^^^^^^ jou. I am 

defence at the trial. If the sale wa^ illl! V '"''* of Perth, to manage the 

particularly for want of be n" fa rlv udvirT 'l 'Y °'"'' '^""^^^ ^^ y«"' ""^ '"^re 
the opinion of the cCrt u^on it bv7nS^ ^5- ^^^ "°^^ ^n opportunity to take 
the Plaintirs title. ^ ' ^ ^^''"^ Firth to urge that objection against 

furli'htTetbfe^J^rr/Z^^^^^^^ August. Any evidence you can 

engage, Mr. RadetSt;T>^i£°t^r^^ -^^^ ^ou may dJsire to 

I am, Sir, 

Your obedient servant, 

RO.EHT R.™„.., E«mire. ^°"'' ^- KOBINSON. 




No. 50. 

Mr. Radenhurst to Mr. Randall-Ejectment suit before JndgeHagerman. 

[See Journals of Assemblj, U.O.— Appendii, 1886.] 
BoBEaT E»„A.L. Esquire. ^'"™' ''^ "^"S""' "2«- 

allnHp tA fKofV <^"ia'"ea. JNor could I, in addressing the Jury (as you wished ^ 

by the Pll Iff "!• ™' r' •' 5"* ^'"' '""'"'^y «°°fi"«^ *" ^J^^t wasVuHn rvidence 
onceortli^ •' *''^rt'"ent, executions and sale, and even in this I was 

XtrheTcTuSrlelt^^^^^^^^ -^ — ^ ^^ ^^ 'cou'rtT 

Jud°e-'Sn'''.r".-'''^"''*'^.^ '^'°"^'^' to the trial proceeding at all, which the 

^:j!:u£t^' uno^ir ^"^^ show tSnV^; Jtf^;^^^^^^^^^^^^ 

and thrjudl rLrvpfw^Ff • . w '°'"' "'I''"' f'^'"*^' ^ "loved for a non-suit. 
By requh-ertL nrZi ^ ^T^n ^' ""^'^ "^'° ""'^'°"« *» «hew that Colone 
CaVairihiJlI^HeCr/hTl^d?"- iSI'r"- •"' ^^ the purposes of the Rideau 
that any point that^n„Mnn5^ ¥^3t;d receiving. I„ tact, beseemed unwilling 
\ Jury and T«Vh« • . T'^'^f '" y*""' ' °' the tenants' favour should go to the 

-"•ry, andasthejuryatthat Ass... were persons little accquainted with their 

':ijii«il>eMi«^i|t«>feitui^x!^^jib^ .*^ 



duty or with Courts of Law, they implicitly followed the directions of the Court 
which in this case was for the Plaintiff", and gave a verdict accordingly. 

I remain, your obedient Servant, 





I tf 

No. 51. 

The Governor General to Mrs. Firth — Lots 39 and 40, Sherwood's claim. 


Governor in Chief the Earl Dalhousie, to Mrs. Isaac Firth, relative to the Lots 
39 and 40, Nepean, on the Ottawa. 

"to MRS. FIRTH.'' 

(Copy.) • 

«« At the desire of Mrs. Firth, at the Richmond Landing, near Bytown, I give 
*' her this note to certify, that, several years ago, I gave her and her hushand, 
« leave to establish themselves in a small house and store belongmg to government 
« at that place: it was originally placed there by the Duke of Richmond, to aid the 
<' passage of Emigrants, Military Settlers. Being no longer useful it fell to ruin, 
" and in these circumstances these persons repaired it, and have been permitted to 
« occupy it. I have been led to believe that it stands on the line of Government 
*' property, and a Clergy Reserve set aside by Sir P. Maitland for the service of 
«< Government. That Lot of Government property, being a broken front not 
<« included in Randall's Lot, has been claimed by Mr. Sherwood. I am convinced 
*' that he has no fair claim, nor legal right to it ; and on the part of Government I 
" have maintained the Firths in their possession, and I think they ought to U 
« maintained in it against the pretentions set up by LeBreton and Mr. Sherwood. 


<* Quebec, 8th August, 1828. 

[Note.— Mr. Randall appealed to the Court of King's Bench, in banc, question- 
intr the judgment of Mr. Hagerman at Perth, and there sat Mr. Hagerman, alone, 
the whole Court, and confirmed his own judgment below, the chief Judge being in 
London after a pension ; his coadjutor, Willis, suspended from his functions ; and 
the third Judge, Sherwood, a party in the cause.] 

No. 52. 

Mr. Justice Willis to the Secretary of State for the Colonies. 

Bath, [England,] September, 23rd 1828. 
« It is evident that i.o Judge of the Court of King's Bench in Upper Canada I 
can sue or be sued in that Court, while he is personally discharging his judicial 
functions, as he would be unlawfully Judge in his own cause. The difficulty 
contemplated by Mr. Sherwood, as arising from the Act being construed to insist 
upon the presence of all the three Judges, would be increased rather than obviated| 
by a less strict interpretation of the law permitting the competency of the Bench 
when composed of less than three members. For example : in the action of 
Ejectment brought by Mr. Justice Sherwood himself, for land at Brockville.j 


« been tried at the last aI Lea bv AI. Si '"'" '^ ?^""''^^ *^« '^^t'O" have 

<' Court of K;n<.'8 Benc^ anU X .«; n. S''"'" r ' "^^''^^^"'S as a Judge of the 
'= the trial at mi Prlus,a new h al be ZvTf '" T ^^'P'-r'^^^ °» ^is part at 
'' Justice Sherwood (if a Jud^e elnot hoc .I'V^ ' '' '' ^''''^' ^ ^"••«'^' ^r. 
" man ought not. because his own jX^e^Tiro^^ ' ^'''^ ' ""? ^^- ^^"S^^" 

« -a case probably at this monTent no^nTn^ !u !" q"e«t>«"- -f n such a case 

"ed for by^Mr. J ShervlTr^^so t frlm ZT^I'T «? 5^6 Act contend- 
'' tenfold ; and place beyond the no sibilifv n/?? k. !u "° difficulties, increase them 
" in providing that a cS JuX S^^ vvisdom of the Legislature 

" preside in the said Court The e alwafs 1;nnld'"^ '''\ ?"'!" ^ "^"^t^^^^' «l»°"ld 
" a Chief and two Puisne Judges to a?t lin • "i™"n ^' **'';"' *^"^Ses present, 
- Upper Canada. H any one of them bo 1 S / '" ^^' ^°"''{ °^ ^^'"S'« Bench in 
« thereby arising is, that un"il the oTvit^^. ^ '? t'""'"' *^". °"^^ '^convenience 
« Court Lnot p'roceed inlat t:^^A7::},t''le^^^^^^^^ '^ ^^^^'^^ *^« 

No. 53. 

Ejectment Suit, 1828.^[Extract from Mr. Randall's Letter of Instruc 

tions to Mr. Firth.] ^"awuc 

Mr. Randall thus instnicted Firth •— 

^^"rl^cI^rnlZVcll^^^^^^^ Radenhursttourge the illegality 

« on this last head yorwS 1 wefto^^ sufficient notice to purchaser, ml 

« larly Mr Writ^ht of H 1 ncTf ? ° ^^'".'^^'"^ ^" ^^e proof possible, particu- 
1 « herf-th; ma"fe ' ot Sn :Vh? fucSr tie'' ' ^"^T^ '^^ *^»f ^^''^''^^^ 
I « the House of Assembly, as ^y^e se^n b^he bil thTl!" '^^^Vi ^''t.^^bject by 
"(William) Morris, the Member for rourDLfrW fTu^u'^^^ ^°"««- ^^• 

" bill, bore testimony to theTrre' lr[tv of 1 1^-0!^^^^ ^ °- '^''' *° *^^ 

"unjustly sold • * * * Tlfe Hon } « ^r ^^^^^ich the 276 acres wei* 

h'was the person that swore he d d nirk^' ^^^''"I^^y' ^?g«g«^ for Sherwood, 

•• altho- A U„e>v I HvS^in^.^X^D\,KrrirSriSS>' 

No, 54 

Captain LcBreton's Estimate of the value of Lot 40, Nepean. 


i '.[ 

■'■■ i 



■t ! 




from dispoeing of said land. The situation is most beautiful and salubrious, being 
on the south side of the Ghaudi&re Falls, with the Grand Union Bridge abutting 
on the centre of the front and leading through the main street. It is replete witn 
mill sites, and for commerce no situation on the River Ottawa can equal it. The 
subscriber is determined as much as possible to confine his sales to persons of res- 

Britannia, Ottawa River, 26th August, 1828. 

Union Hotel, Chaudiere, Upper Town. 

Firth and Berrie beg to make their most grateful acknowledgments for the very 
liberal patronage and support they have received from their friends and the public, 
for the long period of nine years, of which it will be their earnest study to merit a 
continuation, by contributing to the utmost of their means and power, to the com- 
fort and accommodation of those who favor them with vheir countenance and sup- 

The romantic and highly picturesque situation of the Union Hotel, which com- 
mands a most interesting view of the mountains and scenery in the vicinity of Hull 
— the islands and banks of the noble Ottawa — the magnificent Falls of the Chau- 
diere, over which bridges are now about completed ; and the works and improve- 
ments in Upper Bytown will render this place a delightful retreat either to the 
delicate, invalid, or scientific tourist. 

The accommodations will be of a superior kind ; the table will be furnished witii 
the choicest viands that the season and the situation of the country will afford, and 
the wines and liquors will be of the best quality that can be procured, either at 
Bytown or from the most respectable dealers in JViontreal. 

Bytown, Ist September, 1828. 

No. 55. 

Unjust Conduct of the Upper Canada Judges. — Cruel Treatment of I 
Robert Randall. — Removal of Mr. Justice Willis. — Address of 
the House of Assembly of Upper Canada laid before the House of 
Commons, England. 

Upper Canada — Administration of Justice. 

[From the Journals of the House of Commons, July 31, 1832—3 William IV, 

vol. 87, page 541.] 

Address respecting Upper Canada. 

" Resolved, That an humble Address be presented to His Majesty, that He will I 
** be graciously pleased to give directions, that there be laid before this House, al 
"copy of an Address to Hia Majesty, from the House of Assembly of Upper Ca-I 
•* nada, on the Administration of Justice, dated 14th March, 1829, which Address that! 
" House humbly prayed His Majesty to lay before the House of Commons of GreatI 
*' Britain and Ireland." I 

" Ordered, That the said Address be presented to His Majesty by such Membersj 
**of this House as are of His Majesty's most Honorable Privy Council." 


[From same volume, page u54, August 3.] 
„ T . ,,. Answer to the Address. 

"coinmandea him to 800^? this HouIp ^Uf^ -^''iT ' .^"i**"^* His Majesty had 
awjuainc inis House, that he will give directions accordingly." 

[From same volume, page 589, August 16th.] 

"per CanadaTo, the AdtrtraJfon '^l'^:^^::X:^T^:.:l fsl^^ <>^^^ 
" Ordered, That the said papers do lie upon the table; and be printed." 

[From the Sessions' Papers of the House of Commons, 1831-32, No. 7401 
drel?r.*' "^^ ^^'^^" *° "^^ M«J-*y' d«ted 31st July, 1832, for copy of an Ad- 

Colonial Department, Downing Street. 
1 5th August, 1832. 


R. W. HAY. 

(Mr. Hume.) 


[From Journals of the House of Assembly of Upper Canada, 1829 ] 

Copy of an Address to His Majesty, from the House of Assembly of 
Upper Canada, dated 14th March. 1829. ^^^^ ""^ 

Most Gracious Sovereign, 

dependent and very unsatisfactory state o^heXd ci^ b^hfs Cou^^^^^^^^^^ 
^rther pray that our earnest wishes and solicitude LxpreLed in SlJ/^ Z^ 
Your Majesty, may in our behalf be laid before Sr ffwl'- f -vlf f'n^'^^^ **" 
m Imperial Parliament assembled. ^®'*^ ' *^"^^"^ Commons 

Innd to .hs T" ,.| ?1 j'^'i'.'V ^^^ - -'^"^ '°^®^-^ ♦^ *^e welfare of the Vr..\r,I 


\ \ 

I ■ 5 


^ \: 

• I 



,' \U^ 

Upon 80 important a subject, involvinj^ the interests, the rights, the liberties, and 
the very lives of the people of this Province, it becomes us with earnestness to re- 
peat our bumble remonstrances against the present state of things. 

We regard with grateful recollection the memorable declaration of His late Most 
Gracious Majesty from the Throne, '' that he looked upon the independence and 
''uprightness of the Judges as essential to the impartial administration of Justice, 
** as one of the best securities of the rights and liberties of his Subjects, and as most 
*' conducive to the honor of the Crown." In this respect we rejoice at the unpar- 
alleled happiness of the people of England ; we cannot, however, but feel that as a 
portion of Your Majesty's nee and glorious Empire, Ave also are equally interested 
and entitled to have justice administered amongst us by independent Judges, equally 
able to appreciate the value of so great a blessing, and disposed with constitutional 
jealousy to watch over the judicial character, to preserve it unsullied by unjust re- 
proach, and unawed by the vindictive exercise of the Koyal Prerogative by the 
Provincial Authorities. t 

In this Province, it is exceedingly desirable and even necessary that the Court 
of King's Bench should, for many years to come, be wholly composed of Judges se- 
lected from the English Bar ; Judges who would in that case be as free as possible 
from the entanglements of family connexions, the influence of local jealousies, and 
the contamination of provincial politics : without such a change, Justice never can 
in this Country be administered with purity, or rise above suspicion. 

We duly value the assurance of Your Majesty, conveyed in the Message of His 
Excellency, " that the direct responsibility of our Judges to the Crown is en- 
** forced by Your Majesty only on the most serious occasions, and never in respect 
** to any act which can be properly considered judicial." But although Your Ma- 
jesty isjthus graciously pleased to declare, that your Majesty, in the exercise of 
Your Royal Prerogative, will be governed by a maXim so consonant to British 
Justice, yet that assurance, while it is grounded upon the continual dependency of 
our Judges, can afford no snflBcient and practical remedy against the abuse of Your 
Majesty's Royal Prerogative by the Provincial Administration. This abuse of 
Your Majesty's Royal Prerogative has been flagrantly manifested by the late vio- 
lent, precipitate and unjustifiable removal of the Honorable Mr. Justice Willia 
from the Court of King's Bench in this Province. 

The pretence for this almost irreparable wound to the Constitution appears to 
have been the declaration of an opinion by that learned and upright Judge, upon 
the constitution of the Provincial Court of King's Bench, which opinion was evi- 
dently expressed to explain and justify his submission to a conscientious conviction 
of the impropriety of knowingly proceeding in the administration of the law in a 
Court not organized as the law requires. 

By the Provincial Act erecting that Court, it is wisely provided, " that a Chief 
Justice, together with two Puisne Judges, shall preside therein." No explanation 
can add to the clearness of that provision, so obviously condusive to the safety and 
liberty of the subject; and it has become our urgent duty humbly to declare to 
Your Majesty, that our duty forbids us to yield to the attempts of the local Admi- 
nistration, to entail upon us the dangerous cncrotichments made in years of past I 
misrule, by establishing such a construction of that law as would place the rights 
and liberties, the pi'operty and lives of the people of this Province, at the disposal 
of one, while a liberal salary is provided for three Judges. 

The opinion of the learned Judge became officially known to the local Govern- 1 
ment some weeks before the commencement of the Term in which it was expressed. 

Finding that no step was taken to organize the Court according tolaw, nnd! 
avert the consequences inevitably following pertinacity in the error, Mr. Justice Wil- 
lis honorably withdrew from a scene, by a continuance in which he must have com- 

own 18 en- 


Ku^vctiS^^^^^ *'--, circurnstauces, it ap^cara that the 

was unnecessarily and violntlv rcmlo 1% ' 1 • *^"fl'''"''T' ""^ ^'- ^"^^''^^ Willi* 
school of subaurvicnt pr nciuS h« J 1 1 J"'- ??""' ]'""""'^' «'^"«'*tcd in no 
unlawful usage. P^'^^'P'^^' 1'° ^ould not yield to doubtful expediency and 

Wc are not insensible of the advnnfnrrna r.p <i,« v,„^ • • 
in Your ilLijesty's Colonies nAmonvF/. Provision against granting office* 

in Great Britain ; a p o^ fo^"^^^^ \? J,^ J7 \'''^'^\ «r intending to reside 
exclusively) to officc^vSicoSfov^ intended to apply particularly (perhaps 
out to the best bSder bu it is fvitb T "'"""^ ^^ r'P"'>^', ^'^^ therefoi-e' Varmed 
Province have Sss^dtl op rv^t^^^^^^ ^ P°Pl« of thi. 

pose of removing a Jud^wlLTo^n/F^J^^^^^^ "'. the dangerous pur- 
Conscientious dischargfof hi: judicia,11y"'' ''' ^'^'''' *° ^° ^ ecrupulous^d 

it t^bViTw^fu^rrnViK^^^^^^^^ I'rMrr;-^' t'^ •'"^''^? y^"-^' -pp--» 

with greater facility mvecScdrrbLff r'^'? Hagerman in his place, might 
to law! But we feel that the mo.n-V. •J"'/''^ *° "'Sap'^c the Court according 
of the Country i78ogi^.r^^^^^^^^ "'^•^'■"^'^ itself against the justid 

we can be only mrt ally Tnfo;modfn.i^r'^''r"'^^".?*?*^'?^^ particulars of which 
withholding frLi^.K/^nf 7- , ^'' PoJx^yof the local Administration in 
Tf rt™4trn W. T^'^Tf t"?» ?^'»« ' '"ight more fully expose the enormity 

esteem those evils very snS^tZlVir^r^^^^^^ ^^ would 

because they were driven by their necessities to yeld to this assumption of judidal 

Kin°'fw^''^^'™ l^'*' ^^'^ Justice Hagerman alone constituted our Court of 

hS i sSs ?^ atLTln ^h-T"Ar^' '"^ °"1! ^"^«*^«"^^ judgment at tLpreced- 
which trfnl ;n^ ? ''^'''*''' ^^ ^^^'^''^^ Sherwood was interested ; the result of 

' ord^n r^ • T-r^ "" P'vP"'^^ «^ ^^'"^ Sreat value, acquired through those extra- 
I Teen uifava"i?ino.f P^'^^^f .^^"^^%i" '¥, «^«« of Mr. Kandall, whose injustice hasbng 
S ""f ^^' '."ft'3^ ^'^ o^Jfct of legislative relief and public sympathy. It is from 
suchFoceedings, such Courts, and such Judges, that the jfeopTe dSire to be r^- 

chJactefofXU^'y''-°i"^^°^v *••"'"* "/ '^"^-es from England would redeem the 
bSinAhS£? J"d;<^'ary; but that hope has'been greatly impaired, 

for Cotlt e V^frpfTl 'i''" '"''T"^ ^^l^l'' ^" P*^^^^^'^^ conscientiou 

leanVinonl^ . •?, *''^*^ "° gentleman of the English Bar, gifted with 

I an if n. ••'"''"'*''' ""f "'^"^^ *° administer justice amongst us, if hf is subject 

I to an Ignominious removal, aad obliged to aeet in EnglanLharges unknown to 




i i 

r.,' , 





u , 

I ! 

Ill Id ! 

W. fil 

him, got up against him without regard to tho laws .of honor, or justice of tho 

We humbly express to Your Majesty our serious apprehension that the learned 
Judge who has thus far been a victim of I'rovincial persecution may be elevated to 
some higher place in Your lloyal consideration, instead of being restored to his 
seat upon our Bench, as tho most effectual method of wiping away the stain at- 
tempted to be affixed to his character, and of healing the wound inflicted upon the 
Justice and Constitution of the Country. His reinstatement in office as our Judge, 
ifl most desirable for the peace and happiness of the Province, and for tho restora- 
tion of public confidence in the administration of the law. 

Ill tho name of equal justice, we further flumbly pray Your Majesty to cause a 
strict inquiry to be made into the conduct of all persons directly and indirectly 
concerned in this overbearing and despotic proceeding; and, as the only means of 
assuring our future security, to expose them to whatever punishment may be due 
to their respective crimes, as advisers, abettors, and approvers of the same. 

Should Your Majesty be advised to disregard these our just and earnest prayers 
against grievances which have increased under the patience with which we have 
hitherto endured them, we shall be constrained to feel, that while we form a part 
of the British Empire, we are excluded from sharing its equal and exalted justice. 

We again humbly pray Your Majesty to lay the whole matter and prayer of this 
Address before the British House of Commons, and to communicate to them our 
earnest hope that they will be pleased most favorably to regard our wishes, and 
promote by their wisdom and counsel the redress of our wrongs. 



Commons House of Assembly, 14th March, 1829. 

No. 56. 

Mr. Randall's Services to the Province. — Address of the House of 
Assembly of U.C, to His Excellency Sir John Colborne. 

[From Journals of Assembly, U.C, 1829.] 
Resolution Moved by Mr. John Rolph : 

We, His Majesty's dutiful and loyal subjects, &c. «S;c., humbly represent to Your 
Excellency, that Robert Randall, Esquire, at a time when the people of this Pro- 
vince justly felt themselves profoundly interested in a measure likely to be consum- 
mated into a law, did, at the solicitation of a large number of the inhabitants, pro- 
ceed to England with a petition numerously signed, for the purpose of laying the 
anxious wishes of the petitioners before His Majesty's Government, by whom he 
was recognized as an agent. For his patriotic, disinterested and successful services, 
the people have, through iheir representatives, attempted to remunerate him out of 
the moneys raised from them for their happiness and welfare. The provision made 
by this province for that purpose, by bill, has failed in the Legislative Council, and 
"we therefore are constrained to appeal to Your Excellency to pay Robert Randall, 
Esquire, the sum of £500, out of any moneys at the disposal of your Excellency, 
and which sum we will never cease to exert ourselves to redeem. 


Commons House of Asembly, March 19th, 1829. 


MS^t^Ect\i^^i:.jrr^ «o,ph and 

Excellency's answer ia ua follows :_' ' ''"^ °^ ^''*^ prorogation, and His 

'' lb™e'co,';7iJi:tio^to^ ^''^ "^y ««««nt prevent my 

" direct my attention to it du^g the rS^'' *''" '^'''^'''' •*' I''"^^"*' but I Blmft 


No. 57. 

^^" N«- 2' passed in Assembly for Randall's Relief. 


(then Speaker of the Lower CanE A "L I ^^7'^'?,^°"'^ i^'^P'* I'"Pi°«'»"» 
Randall. (Judge Willis had gone to Euro^^eO '^ ^'^''"cellor; to afford relief to Mr. 


"was=S"a^^^rS:^S'aS^'^^'^"r^ *'- PeiSr^X^ 
" cannot be afforded by the said Courr of ?r '^"'%' ^^'^. ''.^'''^' ^^'^^^^^ relief 
" that an inquiry should be mde in o tlf '"= ' ^T\'^ " therefore expedient, 
;; be done, if, upon due inqul^^ undeVoatr."?! ^n^'*^' ?^ ^'^ht be caused to 
"great injustice has been done -Be it thi 'J '5 ^' ^^^ *° ^PP^^"* tb^t such 
" lawful for the Honorable Loui's Josonh ^ • '' ^l'' V'^^ '* «ball and may bo 
" sembly of Lower Canada, unTer 3 hv?'"^'""' ?Pf>'^/^ *be House of As- 
"HorneDi8trict,toinqui e^nto the'luthJfr.«^^^ '^'! ^'\' ""' ^''^' ^» ^be 
'•forth; and for the purpose of that inn .?r*VS1^^^^^ 

" said Louis Joseph Papineau in the nSn?: 1'^" ^"^ '"^^ be lawful for the 
" such of them as shall, after ' due nnEo "" *^' P""'"' ""^ ^beir Attorneys, or 

" oath all witnesses deemed iecess.rv for iril •' '""^'"°!? -""^ •^^«'"''»«' "Pon 
"parties, and to enable the saTdLouYs f osonh P •'"™'"' ^V""''''^ between the 
" making his decree or decree as h"'|'iX^. Papineau to mform his judgment in 
;'edof wilful false sweS blre tl « aTd ^0?' Tx*^ ' ^i'^^ P^''«°" ^^'^vict- 
" Act, shall be liable to the s1inie7u„ishmpnt .^ ' • '1?^ ^fPineau, under this 

" Province upon persons gu% of perjury! "^'^ '"^''''^ ^^ '^' l'^^^^ «f this 


"have free access : SKlwa^s 1 1 r^M ° «","'« Majesty's subjects'shall 

: " Louis Joseph Papineanrcommit mil f """"^ "'^>^ ^" '^^^'^"^ ^'>r ^be said 

'' period not exceedinTone monTl and ST" ? '°"'''^P'= °^' *^« ^'°"^t' ^^r a 

" fifty pounds. " °""'' ''"'^ *° ^°^ ^"^b person a sura not exceeding 

|"PaX«!tfin;£dLtlll'pi^ '"'-'K' «-^ 1^°"- Joseph 

'' and such ;ther pe= so s as t tS l^S v' •"''^ ^!^"ry ^^bn Boulton, 

" of them as shal appearXV(^^ueTotL tnifP ^l^T'''' ''^''^" «"™mon,:or such 
" the confirmation, or the revlrtl nf ' -^^"'^^ '"''' '^'^'^^ «'' ^^^'''•ees, for either 

I : tl 


K^ H, f, 


" Antl ho it, &c., Thnt nny decree miidc hy the said Loulu Joseph 1 iipineau, 
•' under find by virtue of thia Act, sliiill ha oljli},'!itory iind binding' upon tliu person 
*' against whom, or in whoso favor, the same shall be made ; and it any person 
" against whom, and in whose favor, any decree shall bo made, eliall ncgloet or rc- 
" fuse to comply therewith, it shall and may be lawful for any person mtcreated in 
" Buch decree to have the same registered, which decree, bo registered, shall have 
" the same virtue and effect as if the said decree had been literally obeyed. 

•* And bo it, &c., That every decree made by the said Louis Joseph PapincLU, 
" shall be u..der his hand and seal, attested by two witnesses, and made on or bc- 
«• foro the first day of September, in the year one thousand eight hundred and 
" thirty-one. 

'< And bo it, &c., That upon the production of any decree aforesaid, and a copy 
" thereof, to the Kegister of any County or Riding in this Province, in whoso 
" County or Riding the land in the said decree mentioned shall be, and upon an 
« affidavit made before such Register, or his deputy, or any Commissioner ot the 
" King's Bench for taking affidavits, of the due exccutior of the said decree or Ue- 
" crees before such Register, it shall and may bo lawful for him to register the said 
" decree in his office, and tofylo the copy thereof, and for such registry and tyling 
** to demand and receive the sum of one pound. 

*' And be it, &c., That it shall and may be lawful for the said Louis Joseph 
" Papineau to award against either of the parties such costs and charges as he sm 1 
*' deem ri-^ht and just, and for the recovery of which costs and charges so awarded, 
« it shall and may be lawful for the party interested to proceed by action of debt la 
»* any Court of Record in this Province." * 

No. 58. . 


• On the question of its passage in Assembly, the Yeas were, Messrs. Franijois I 
Baby, Doctor Baldwin, Blacklock, Brouse, Buell, Cawthra, Dalton, Dickson | 
(of "Niao-ara), Fraser, George Hamilton, Henderson, Hopkins, Homor, Ketchum, 
Lefferty, Longley, Lyons, McCall, Mackenzie, Malcolm, William Morris, Perry, 
Radenhurst, John Rolph, Shaver, Smith of Durham, Terry, Thompson, Wilkm- 
son, James Wilson, and Woodruff,— 31. The Nays were only two, Messrs,] 
Bethune and John Wilson.f 

In the Legislative Council the Bill was not amended, nor passed— it was re-| 

No. 59. 

Mr. Raadall to Mr. Secretary Mudge, complains of delay in thej 

Administration of Justice. 
(Copy.) York, March 4, 1830. 

Sir,— 1 '.ave the honor of transmitting to you, fo r the information of His Excel - 

+ See Journals of Assembly, 1830, U.C. 

I See Journals of Legislative Council, 1830, U.C. 

Icncy the 

tion of [)u 

That of 
hope that 
seeking re 

The en( 
cd of tho 
Captain \ 

On the 
enable Mr 
Court of J 
ordinary oi 

The Bil 

A Lill f 
iiurin_; its 
Lower Ca 
and that t( 
out redress, 

That it ii 
justice shoii 
firmly belie 
eition of thi 
that Ilia E: 
may bo cna 


Sir,— Witl 
on the 4th c 
House of Asj 
sent to Mr. ] 
Mr. Boulton 
charges that y 
stood you ha^ 
you will tram 
Cihibit distinc 


'^'^^';^':::;;:.^^^ ^^^r ..ic by the nou-o or 

"'m «r pul.lic jiistfci. " ' '"'' of property Iron, tl.o umhu, ud.ui.uHtrtt. 

Tlint of tiers m;iv \u,x:-. „..<r > /• 


.caking relief 4-„i„.t .1,0 m„:;;;h„.|"'K,y llli" '' "'" '"" ''° '"■"J"''!"'"' '» "'/ 
Captnh, uLttLow,, Sir. .(„|,„ tlptrj Mr X'S' '''° '"■*'" <^'''«'' •''"'■'='••. 

On ♦lln 1J«. <. -*• il . ^ . "^' 

)n, Dickson 

i^lpM, and Air. Beardslcy. 

cnabl" Mr. jScI tvllir^^rytl^c.^o^o'' ""^ ''^^^"^'.'^T ^''« '^^ ^"^--t to 

Court of Equitable Jurisdic io^n, ^SnroTrS"' "'" • '" "-''''''^ ^''° -''"' «f « 
ordinary cnsea. ' *^''"'* °* redress which cxiata in England in 

The li.lUas lost in the LcglshUivo Council. 

duii^ila';:;:^rsst s;l t ^r^^-^-^^:/'^^^'' °^ ^'- ^-^^^^^^ 

Lower Canada to try the cause I "1. In' '?' ""/'' J^""^" '^^^ ^''^en.bly of 
and that too after the caso £ liad ti c AW 1" ''•" ""> ^^^ "PPosing voices. 
Parliament. But the Bill was lo "in tt T o • i """^'"''{"•'»t'o» "'oth in and out of 
out rcdrcsa. ^°'' '" *''° J^egislativo Council, and I am still with- 

jusS'sii^uid"': ^^a:::':i^'m:'t^r' "i'- '''"* r^*^^ ""^ '-p-t-j 

firmly believe. Ami whether t o obit ueSt^r^ subjects, without distinction, I 

.a, .„ .a.ea .„ Le ^'^^c^^^frl^rirJSrl-iSr il^'u^.-VL" '!;»' ' 
1 have the honor to be, with profound respect, 

Xour most obedient and humble Servant, 

7 -Kr T. . (Signed,) ROBERT RANDALL 

Z. MuDGE, Esquire, Civil Secretary. 


No. 60. 

Sir Jolin Colborne's Reply. 


Mr. Bcult^nZTZ ™lbLf to™ ^'mv """ "?* "' '•' "^P"™ """ '>''■-" 
charges that Tou mav «„,!, ,1° i "7 '"'° »" ""vestigalion of anv of the 

7ou„iii t™?J.^:;tforh ■?! r.e''°x^ 

^xh.bu d«ti„o«y „hethcr thegrou„d3"ir;ouro:4>ainra^^a^^^^^^^ 


! " 




t ■ ■'■■»■ 

conductor of your suit, or against the Judges for an Illegal decicion, or against the 
Sheriff, or the purchaser of your property. 

I have the honor to be, Sir, 

Your most obedient, humble servant, 


Egbert Kandall, Esejuire, M.P.P. 

No. 61. 

Hon. M. S. Bidwell to W. L. Mackenzie. 

Toronto, 18th July, 1835. 

My dear Sir,— Respect for the memory of Major Kandall will indufce me to do 
cheerfully and cordially whatever I can for his devisees, without a fee; and I, 
therefore, with many thanks for your liberality and kindness, return the note which 

you sent to me. 

Yours, truly, 

W. L. Mackenzie, York Street. 


No. 62. 

Bill No. 3. — Agreed to and Reported by a Committee of the Legislative 
Assembly, U.C., for Randall's Relief. 
[Note.— In 1835, "VV. L. Mackenzie gave notice, in the Upper Canada Gazette, 
of an application for a third Bill for the relief of Kandall's devisees ; the Legislative 
Assembly appointed Messrs. Thorburn, Mackmicking, and Waters, of Ottawa, a 
Select Committee on Mackenzie's petition, and Mr. Thorburn introduced a (third) 
Bill, unanimously agreed to by the Committee, for relief of said devisees, (March 6, 
1835), but the Gazette notice was deemed defective.] 

i» i 

No. 63. 

Major General Rowan to Mr. Mackenzie. 

Government House, 

Toronto, 25th August, 1835. 
Sir,— I am directed by the Lieutenant Governor to transmit to you, with refer- 1 
ence to your application of the 19th instant, the accompanying copy of a statement 
from Mr. Stanton— and the form of notice which he has been authorized to adopt, 
in communicating your intention of petitioning the Legislature as an Executor oi 

late Mr. Randall. 

1 am. Sir, 
■ ' Your obedient Servant, 

W. L. Macrenzie, Esquire, St. Catherines. 



No. 64. 

(Copy.) ^^^'" ^''"*'"; ^'^"-^'' ^'^"''^' *^ ^«°^^^I Ro^an. 
' Sir,_On the subject of the notice r]o«;,.n 1 . i ^P"^''™' ^^th August, 1835. 
red to in your letter^f yesterdavtd.f. T l *° u' ^xv'"t.'^^ ^^'•- Mackenzie, refer- 
ed that in conversation ITmTm:^'J,^^^^^^^^^ be inform- 

to point out to him aa phiinly ^s I tWhf ! n^ ^^ ^°- ^' ^ ^''^ endeavour 
tenns the information he was ^deshis of t^ v^niV^J^^ in ordinary and usual 
have been much to the following purport :^^° ' P"^^^' '^"^ ^^'^^ ^0"Jd 

"PnM.-nr,.*- • 1. "'^^^^^^^""-^I IT MAY concern: 

'< at itfntt nsuiJlSn^r^J^^f application will be made to the Legislature 
" -Robert Kandall, EsquS^ fo? t^he en^.^"" ^^e Executor to the estate o?^t e late 
" banal for the revision of ceHahi ,1. ""f.^*™':"' «f «; law establishing a special tri! 
" Lots renumeralinrthe S^ds ^'^'^^,1" '^'' ^T' "^ ^^^"^'^ Iiench,^by which 

'' late Kobert Randall LlSOgfweTeadM^^^^^ *'" ^^T'" *« ^^^S 

« and conveyed to others • and nnHl Z • "'"'^ *? ^e sold, or were sold by the Sheriff 

"ed. all persons are w^^ned aL^^^^^^^^^^ 

" property." ""^ '^S'*"''* purchasmg or leasmg any part of the said 

po^Jctr^/^^pprterat^ "r-"" '» V= -ffioient for thepro- 
Gazette shaU not fail to bo duly attended to! ^ ' ' '"''"'°'' " "'^ "'=''' 

I have, &c., 


f- f 1 


No. 65. 


^^ .I^ob^r?i;?d:ilf tq^irtinreSf ^ ^^^«, ^* ^^^» of the late 

ake into consideration the merits of the pSLf^f Legislature, next Session, to 

>n 1830, and ordered by thrHouse of ^tSl .'''', '"''^ ^"^^'"'^ ^^"<^^"^ 

^praying for the creation of an equitable M^r^ '". ^' ?/^?.^ °" ^'' Jo»rn«l«> 

land title to the Bridgewater LtlJron fli i -^ u '^ '"^''^^ '""^ *« t'-y l^^s right 

the compensation fo! \C Loss' sustain J ^^ ''^1°,^ '^'' ^""^ of Niagara, and 

MiefmaV be extended to the hrs runonaSl fn'^ ?''*t-'' "' *^«* «"^h ;ther 
bust and right. ' 1^°" "^ ^"" investigation may be found to be 

_ ^y. L. MACKENZIE. 


tf-nTTRTTr. .• . ," '^^ ^^"^^VH^'I IT MAY CONCERN : 

! :L 




« late Robert Rtindall, Esquire, for the enactment of a law establishing a special 
<« Tribunal for the revision of certain proceedings in the Court of King s -«ench, by 
« which 950 acres of land in the Township of Nepean, in the County ot Carleton, 
«' consisting of Lots Nos. 38 and 40 in the first Conces^on from the Ottawa Kiver, 
« and the broken fronts of the said Lots, with the broken Lots, ISos. 10 and 11, 
" first Concession on the Rideau ; also. Lot No. 11 in second Concession, and the 
« front three-fourths of Lot No. 10, granted by the Crown to the said Robert 
« Randall, Esquire, in 1809, were adjudged to be sold, and were sold, by the bheritt, 
« and conveyed to others; and until the issue of such application shall be determin- 
« ed, all persons arc warned against purchasing or leasing any part of the said pro- 
'* perty." 

No. 66. 

Report of Select Committee of U. C. Assembly, Sess. 1836. 
I Note.— In the Session of 18.36, after ample notice to all whose interests mi^ht 
be affected, a Special Committee was appointed by a third Upper Canada Legisla- 
tive Assembly, consisting of David Thorburn, Esquire, (now Indian Agent, (rrand 
River,) Chairman; Mr. Small, County Judge, Middlesex, late Mr. Mackmicking, 
late Mr. James Wilson of Prince Edward, and Mr. Gibson of South York, who 
unanimously reported as follows, (and their Report, and the Report ot the bpecial 
Committee of 1828, with the evidence taken on both occasions, are embraced in 
No. 76 of Sessions papers appended to the Upper Canada Journals of Assembly m 

No. 76. 

[From Journals of Assembly, U.C. 183G.— Appendix.] 


From the Select Committee to which was referred the petition of William L. Mac- 
kenzie, Esquire, acting Executor to the estate of the late Robert Randall, 
of Chippawa, in the County of Lincoln, Esquire, or so much of the said pe- 
tition as relates to the Nepean and Chaudicre Estate, County of Carleton. 


David Thorburn, Esquire, Chairman ; Mr. Macmicking, Mr. Small, Mr. James 
Wilson, and Mr. Gibson. 
" To the Honorable the House of Assembly, &c., «S;c., &c. 

" The Select Committee to which was referred the petition of W. L. Mackenzie, 
<' Esquire, acting Executor of the Estate of the late Robert Randall, in his lite 
"time of Chippawa, in the County of Lincoln, Esquire, have inquired into the 
"matters referred to them, so ftu- as concerns the estate at the Nepean and Cliau-i 
" dierc, and beg leave to submit the following as a first Report ;— 

'' In the year 1809, I^Ir. Randall obtained a grant from the Crown of one thou- 
"sand acres of land, and a deed lor 950 acres in the County of Carleton, part o 
« which included water privileges of extraordinary value. His agents in obtaining 
" this property were the late Honorable Mr. Justice Boulton, and his son Mr. 11. J. 
" Boulton, late Attorney General of this Province, who thus possessed the means ot 
<•' acquiring a knowledge of the worth of the grants. | 

" The remarkable circumstances under which ]\Ir. Randall's lands were sacrificed- 
" the unusual hardships of his case, and the renewed etforts he made to obtain ju=-f 
" tice, are well known to the Country. 

erests might 


the Jate Capt. John Matthews. 

"mitA'n^^t^encit wS iJ' ^'1? *'l 'T''''^" ^^P^n of that Co.- 
•' of the Bill which it8 Chatrnan rtortS' ""• '^ ' ""'' ^''''^ '-^""^^^^ also a copy 
"diction to do justice in th^caL X x. '^'^"5"*'?° ' ^""'"^ of Equi able Jurist 
;;The House of Assembly paseJ't e Bi?!"'.!:;. fl '^V^^'^^ Willis to U the Judge, 
"posed, it is presumed, to its nlo n?» ' v f''' Legislative Council, bcincr op- 
"Mr.Randalfhad prev o^Vy aSl7to\t r '^'°^ *hrew i^oTt. 

" mstitution he obtained no redress! "'* '^ ^^'"^'s Bench, but from that 

"On the 14th of March 189q +],« vt r . 

''provL^ttettefr *l?r ''°";' ^^'^ King's Benlh) it is wisely 

"therein.' No explanation caf^^^^^^ V'^ two puisne Judges shall pSe 

"conducive to the safet/ancri"bcrtv of tr^^'v ''' "^ ??' P^'^^'^^""' ^^ obSy 

;d«ty, humbly to declar^e to VoSr^,t "^^ A"'' l"? ''.'^^u^ .^'''"''' «- "'"ge"^ 

attempts of the local administration"^ to^o'nn "^"'^ ^'^'^^^ ^^ ^° y^^^^ t« the 

mentsmade i" years of past mSbvesKHHr" "' V'' •i-ngerous encroach- 

' law as would place the riS^htsSibai^L .? ""^ '"'^'^ '"^ construction of that 

; this Province: at the disjo al o one Se a' f^TT^T"^ l^^«« of the people of 

"Judges. ^ ""^ °"'^' ^^^"^e a liberal salary is provided for three 

"of Kin^gf Blnctlte'^e/nl;^^^^^ «'?»« constituted our Court 

preceding Assizes, in a till n lij^l rr^^S?'''^"^^, J"^S'nent. At the 


i' I ? 

''i^^^Ze'i^^^^^ U-I^ed Kingdom addressed His Ma- 

;; might be laid b°efore it' Ss Ma estv senTir; n?'"^ ^^^ dress from Upper Canada 
"be pnnted and placed among i s Srdrbu \^1J' ''",'^^/^' ^?^"^« ^'^'''^ it to 
"In 1830 he a-ain petitionod til TT I f ''"'^^" ''^^'''''^'^ "« relief. 

;;introauced. Prde^cd^^r;h?;a'r:^^di'n^""b;^^LtT3?,:- 1^^ ^1 ? ^^" ^^ 
ot thirty-one to two, annointino- fl,« tt ^ *ote oi jj to 2, and passed by a vote 

;;of the House of Ass;IF; o 'fo er CaS ^ YT '"T^''^^ •^>^"«''^"' ^P^^^t 

and do justice, but the WislS Coun'n 1.^ ^''/".^^i^.'^^' *« *'T the case 

.posed to the principle of th"cTlMtvv^^^^^^^^^ as before, it is presumed, op- 

nals, on the motion of Mi- iW hat tho " 1 T ? ^?™'"«tion of their Jou?- 

" to be deferred three months. ^' "^ ^'"^ "'^'^'^^ '^^ ^"""ther consideration 

h-t,Snf hisl'S^^^^^^^^^^ P!|;^^'«"' ^« "- Excellency Sir John Col- 

I'Ms application wLTod^i J o L^^^^^^^^^ !'=.^^ ^{. ^^ ^oulton, but 

("hereto appended. Denenual results; Ins petition and reply 


"tl'cJSsptS'r'* '° "'° ''"''™°' '" Cl'-f "" the subject, ,ve „„„e. hereto 


Hi f : 



SK, 1 

« In 1834, Mr. Kundall died, having spent nearly seven years of his hfe m aPn- 
"son, and tl e last thirteen years of it in a series of vam and fruitless efforts to ob- 
"tain in Upper Canada, thlt tardy justice which the defective organization of our 
- SiSal Tn^stitutions, t'he personally interested situation of some of our Judges, 
•'and the character and composition of the Legislative Council, denied h.m His 
"Exec to 8 under the Will, the late Colonel Thomas Hornor and the Fesentpe ,- 
"doner, took, it is presumed, such steps as they behcvcd to be the best, on behalf 
"oniis estate, ^vhen the cholera carried off the former and ."^thmg fur her was 
"done in the inattcr of the Chaudierc property until last Session when Mr. Mac- 
" kenzie applied for the interposition of the House, which appointed a Committee 
" ndTBd was a third time reported in a third Parliament for the adjudication of 
" he claim according to equity. But as it had been omitted to give a notice m the 
" a'zettrin the nrattcr, which affected private rights, further proceedings were 
<' deferred till the present Session. ^ , ^- . 

« After some difficulties as to the style and tenor of the notice, an advertisement 
" was placed in the Upper Canada Gazette, and the matter is now brought for the 
•' fourth time before the Legislature by petition. ,t t -n n 

" The correspondence between the late Mr. Justice Boulton, Mr. H. J. Boulton, 
"and Mr. Randall, at the time the former acted as Agents in obtaining the pro- 
"nerty from the Crown, a letter to Lieutenant Governor Gore, irom Mr. Mcbil- 
"Fivray, of the North West Company; and a letter from Captain LeBreton an 
"others who wished to buy the Chaudiere property or pars of it, are reported 
«Mie ew th. Mr. AVatcrs, a Member of the House for the District of Ottawa, was 
"de irid last summer to make inquiry as to the worth of the Chaudiere Fopcrty, 
« and in whose possession it was ; and your Committee have examined that gentle- 
"r^anrAvho is of opinion that it is worth about £20,000, and will greatly increase in 

" In'the concluding paragraph to the Report of 1828, we find the following pas- 


tage : — 

" Your Committee have to remark that Mr Boulton was conducting a (^use for 
" himself a-ainst his own client, and when they consider the nature of the debt, 
" TXJlnd multiplied irregularities by which the judgment and execution were 
" obtalned-the great value of°the property sacrificed ; and the expensive and fruit- 
" les endeavors of the Petitioner !o obtain a reversal of the proceedings, they 
" no Sate to recommend relief. Independent of the mterest of one of the 
" Jud's it appears that the Court of King's Bench, if they set the P;oceed>ng^^ 
"tide could not afford adequate relief, and therefore your Committee have e- 
" ^or e'd a Ml enabling the Honorable Mr. Justice Willis to inquire J" o the matter 
" alle-ed in the petition, and to do justice between all the persons interested. 

" Eight years have elapsed since the bill mentioned in the above extract w 
" repoiled-the veto of another branch of the Legislature continued to withhold 
" redress from the complainant, until the grave closed upon his importunities. 

" For the relief of his heirs this Committee do now report a similar bill to those 
" passed in 1828 and 1830, and its :Members unite in the expression of a wish tha 
" a judicial inquiry will no longer be deferred, but that justice will be speedily 
" done between alfthc persons concerned. 

" DAVID THORBUEN, Chairman. 

" Committee Room, House of Assembly, 
"30th March, 183{5." 

The Com 
Charles I 

claimed by '. 
Crown, dat{ 
embracing, \ 
quarry of fi 
town and o\ 
is immense : 
the increase 
which, toget 
with the lii 
important a( 

Question i 
I have. 

Question i 
not the resu] 
are the resul 

W. L. Maci 

Sir, — I \\t 
and examinir 
Falls. It is, 
tells me that 
Falls to run 

No. 38 be 
£350 cash, a 

No. 39, ( 
Bridge at tlu 

Mr. W 

^V. L. Mack 
I have beei 

life in a Pri- 
fforts,' to ob- 
zation of our 

our Judges, 
d him. Hig 
present peti- 
;st, on behalf 

further was 
en Mr. Mac- 
i Committee, 
Ijudication of 
I notice in the 
leedings Avere 

ought for the 

[. J. Boulton, 
ling the pro- 
i Mr. McGil- 
lioBreton and 
are reported 
' Ottawa, was 
iere property, 
d that gentle- 
tly increase in 

rollowing pas- 

:ig a cause for 
e of the debt, 
ixecution were 
isive and fruit- 
dings, they do 
of one of the 
,e proceedings 
nittee have re- 
into the matter 
ve extract was 
3d to withhold 
ar bill to those 
of a wish that 
ill be speedily 

, Chairman. 


No. 67. 

Proceedings of the Comrailtce. 

Thursday, 21st March, 1836. 
The Committee met. ^ 

Charles Waters, Esquire, M.P., Ottawa District, called in, and examined:— 
Question 1. What do you consider the fair value of the property in Ncpcan 
claimed by Mr. llandall's heirs, and for which he has a Grant and Deed from the 
Crown, dated in 1 809 ?— Answer. The value of the property on the Ottawa River, 
embracing, as it does, water privileges of the first magnitude, and an extensive 
quarry of first rate stone for building, and lying in the immediate vicinity of By- 
town and over which Bytown would shortly extend if Plots were exposed for sale, 
is inimense at the present moment, and from the commanding position of Bytown 
the increase in the value of this property must be very rapid and very great ; and 
which, together with the valuable property at the confluence of the Kiver Jacques 
with the liiver Eideau, embracing as it does a most valuable Mill site and other 
important advantages, I should consider the whole, were I the owner, worth about 

Question 2. Have you personally inspected and examined this pro verty?— Answer 
I have. 

Question 3. The statements by you, and now shown you [No. 42, above], arc they 
not the results of personal inquiry by yourself on the property ? — Answer. They 
are the results of personal inquiry, made by myself on the property. 

No. 68. 

Mr. Waters to Mr. Mackenzie. 

W. L. Mackenzie, Esquire. 

Bytown, 21st July, 1835. 

Sir, — I have been here about three days looking after the Chaudicre property, 
and examining maps, &c. I find Cuptain LeBreton owns Lot No. 40, covering the 
Falls. It is, or rather will be, Bytown itself, and is very valuable. A gentleman 
tells me that he will give £1000 lor the sole privilege of making a slide down the 
Falls to run timber over, and the lot will be a Town j)lot. 

No. 38 belonged to Judge Sherwood, and he sold it to one Peter Aylwin for 
£350 cash, and it is worth double that. 

No. 39, Clergy Reserve, Government holds as I am told, it meets the Union 
Bridge at the Ottawa, there are good buildings on it, occupied, as 1 believe, by one 

Yours, &c., 


No. 61). 

Mr. Waters to Mr. Mackenzie Mr. llandall's Nepean Estate. 

LoNGUEUiL, 28th July, 1835. 
W. L. Mackenzie, Esquire. 

I have been at Richmond, in the County of Carleton, and at Perth, in the County 



of Lanark, and liave examined the Office of Registry at Richmond, in going and 
returning; at Perth I examined the Treasurer's Office, and also the Registry of that 
County ; I find that from the Slieriffd deeds of sale of Major Randall's lands in 
Nepean, John LeBrcton purchased Lot No. 40, first Concession on the Ottawa 
and the broken front of said Lot, &c. ; tliat Levius P. Sherwood, a Judge in the 
King's Bench, purchased broken Lots Nos. 10 and 11, first Concession, "and Lot 
No. 10, second Concession, on the River Ridcau ; and that afterwards, to John 
LeBrcton, by deed and release made by L. P. Sherwood, Esquire, a joint proprie- 
tor of the Lot No. 40, first Concession, and broken front of said Lot on the Ottawa 
that is to say, one undivided half of said Lot and broken front thereof; and thatL 
P. Sherwood, Esquire, by deed conveyed to Jolm LeBreton, the one undivided 
half of Lots Nos, 10 and 11, first Concession, No. 10, second Concession, on the 
River Rideau, and that exchange deed or deeds of separation and division wore 
passed and exchanged between them, and thereby L. P. Sherwood owns east half 
of Lot No. 40, in the first Concession, and broken front of said Lot on the Ottawa, 
together with an equal privilege of four islands in front thereof, and that John Le- 
Breton owns the west half of said Lot and broken front thereof, islands, &c. These 
conveyances appear to be" of the nature of lease and release from one to the other, 
firstly, to make them co-partners, and then a division of Lot No. 40, in first Con- 
cession, and broken front of the said Lot, &c., on the Ottawa, which plainly shews 
whati had always understood, that they purchased those lands in partnership, at 
Sheriff's sale ; tiie Lot No. 40, &c., on the Ottawa, is in reality, and there raio-ht 
easdy be made of it, in my opinion, £10,000. It covers water privileges worth half 
that sura. The Union Bridge across the Ottawa, abutting on the Lot. For sales 
out of the broken front of the said Lot, you will notice the annexed memorandum ; 
there are two parcels or privileges, one of which, (an acrej, was conveyed by L. P 
Sherwood, Esquire, and Charlotte his wife, to His Majesty King George IV., on 
which stands a block of buildings at the end of the Bridge, built by Government, 
but now unoccupied. These are the buildings I formerly mentioned that were suppos- 
ed to be on the other Lot : this Lot and privilege are certainly the most valuable 
property in all this part of Upper Canada. 

^ Lot No. 10, in the second Concession, River Rideau, comprises a valuable Mill 
site on the River Jacques, emptying into the Rideau ; broken lots 10 and 11 cover 
the mouth of that River, and front on the Rideau River. These Lots, together 
with No. 1 1 m the second Concession, are in my opinion, worth 40s. to 50s. per 
acre ; the lands are good, and privileges great. Lot No. 40, first Concession, &c., 

°" .*r V,"-^^^''*' "^'»'^*' ^""^ *" ^'^^^ ^'^^^' ""^ ™"^^* ^^ ^ continuation of By town, 
which will in a few years, be the most important Town in Upper Canada. 

There is no one on the lands on the Rideau. There are squatters on No. 40, on 
the Ottawa, but I cannot find out that there are any on No. 39 or 38, (Ottawa.) 

N.B.— The second parcel of land sold out of the broken front of Lot No. 40, 
on the Ottawa, is as follows,— Firstly, from John LeBreton, out of the east half a 
water and land privilege, &c., to Samuel Stacey and George Lyman Bellows, both 
1 oreigners. Samuel Stacey then sold out his right to the said George L. Bellows, 
then George L. Bellows sold to Henry Stacy, then Henry Stacy sold out to Henry 
Church, Plenry Church then sold out to Matthew Cormell of By town, since dead; 
this 13 as far as I can trace any sales or titles in the Bathurst District; it has been a 
most extraordinary as well as intricate transaction. The conveyances appear to be 
quit claims, which shews a doubt of the title. L. P. Sherwood and wife, sold the 
acre to the King, in 1829, February 24th. 

Mr. Henry Sherwood professed to sell Lot No. 30, first Concession, Ottawa, 
and received a sum of money and gave a receipt, but gave no deed. Afterwards 
the Honorable L. P. Sherwood sold the same Lot, as I am informed, to Peter 

n 'P. <|l|i 


Aylwin, for ^1,400, but I can find no record or deed. In this sale there is a inya- 
tery; this lot will soon be worth £10,000, if not now. 

Your'a &c., 


No. 70. 

Bill No. 4, Passed by the House of Assembly of U.C., for Randall's 


rNoTE. — Mr. Thorburn, for the Committee, then introduced a (fourth) bill for 
the relief of Randall's heirs, which passed through a Committee of the Whole, 28 
Ayes to 10 Noes ; and at its third reading unanimously. This bill was similar to 
the three bills preceding it, except that it appointed the Honorable R. A. Tucker, 
who had been Chief Justice of Kewfoundland, and was .afterwards a member of 
Sir George Arthur's Executive Council, as the Chancellor, to do justice in the 

The Legislative Council, as then constituted, sought not to amend the bill — 
they threw it out — would give no relief, and offered no reasons for their refusal. 
The Assembly placed the Report and evidence as a record on their Journals,^ of 
which they occupy 31 folio pages. Next year (1837) came the political difficulties, 
the result of which exiled many Members of the Legislatures of the Canadas, and 
prevented this Petitioner from taking further steps in fulfilment of the tru^t reposed 
in him. Colonel Thomas Horner, M.P.P. for Oxford, the other acting Executor, 
(lied, of cholera, a few months after Mr. Randall's decease.] 

«. -1 

No. 71. 

Devisees residing in the United States. 

Messrs. Fillmore, Hall and Haven, to W. L. Mackenzie. 
(Copy.) Buffalo, Feby. 9th., 1838. 

" Hon. W. L. Mackenzie, 

"' Sir, — We understand you are one of the Executors of Robert Randall, late of 
" Chippawa, Upper Canada, deceased. We have been requested by Gerard Wil- 
" son and his sister, of Baltimore, and the represcnfative of Randall Wallis, to 
" make some inquiry as to the situation of the estate and its prospects. We un- 
" derstand you are the only Executor who has acted under the wilK May we 
" trouble you to write us immediately upon the receipt of this, and give us such 
" information in relation to the estate and its settlement, as you can communicate 
" from recollection, and such papers as you have under your control. From what 
" we have been able to learn, we are led to think that Mr. Randall was greatly in- 
" jured by the Government Party when living. 

" Please direct your answer to Mr. Fillmore, M.C., Buffalo. 

" We are, respectfully, 


,'t • 


I William L. Mackenzie made such a statement as his then situation permitted, 
anQ on the 14th of April, promised further information.] 

Mr. FiLLMOHE replied : — 

Honorable Millard Fillmore (late President of the U.S.,) to W. L. Mac- 

(Copy.) " Washington, April 20th, 1838. 

'* Honorable W. L. Mackenzie. 

if Sir, — Yours of the 14th is received. I hope it may be convenient for you to 
" give my partners the desired information soon. You can address it to rao at 
" Buffalo, and if I am not there it will go into their hands. 

•' I am, respectfully yours, 



I ^ 

No. 72. 

Opinion of Hon. Robert Baldwin. 
Hon. R. Baldwin to Mr. J. II. Gulp. 

Toronto, 13th July, 1838. 

Dear Sir, — I should be happy to afford Mr. Randall's family any professional 
assistance in my power in pursuit of any rights that may be found to be unjustly 
withheld from them. 

It would, however, be impossible for me, consistently with my other engagements, 
to leave the city at this moment, and, indeed, from the little I do remember of the 
subject matter of the business to which your letter refers, it would require a much 
more lengthened investigation, preparatory to submitting it to the consideration of 
any one, than I could at this time appropriate to the purpose. It was, I believe, 
the subject of some Parliamentary report — if so, this might be made the foundation 
of an application to Lord Dui-ham. But if the matter is to be gone into fully, with 
the view of any judicial action upon it, you will, I am satisfied, find that it canuot 
be done but at the expense of much time and labour. 

Lord Durham, of course, cannot alter the legal relation of parties. An applica- 
tion to him for such purpose, would, therefore, be inoperative. And for any other, 
the Parliamentary Report, which I have not, however, at present by me, would, 1 
should thinkj answer every purpose ; at least, if tlie subject was, as I presume it 
was, fully gone into. 

I remain, dear Sir, 

Your obedient Servant, 

Mr. J. H. CuLP, Drummondville. 

as soon as a 

No. 73. 

Judge Shcnvood's application for part of Amelia Island. 
(Copy.) Toronto, 21st May, 1840. 

Sir, — I have the honor to acknowledge the receipt of your letter of the 14tli 



instai \ on the subject of my application for a part of Amelia Island, at the Falls of 
tl)c Cliauditirc, on the River Ottawa. 

I would like to receive a license of occupation of the lower half of the Island 
(about five-eighths of an acre) till I can obtain a prant of it from the Government, 
or a purchase conformably to the copy of the Minute of the Executive Council 
referred to by you, and which you were so kind as to enclose to me. 
I have the honor to be, Sir, 

Your obedient humble Servant, 

The Hon. R. A. Tuckeu, Provincial Secretary. 

No. 74. 

Judge Small to Mr. Culp.— As to the management of the Kandall 


Toronto, 27th October, 1840. 
Dear S-r,— Yours of the 20th cr.rae duly to hand ; and I have to inform you in 
answer, that nothing has yet been done in consequence of a difficulty havmg pre- 
sented itself, in respect to Uv. IMcKcnzie, who altho' outlawed, is not thereby de- 
l,rivcd of his right to exercise the office of Executor.- 1 he Couit of Probate 
Ihereforc refuses to interfere unless he will consent to relinquish his Executorship. 
I am however not without hopes that I shall be able to convince the^ Court that 
there can be no objection to your being appointed during McKenzies absence 
should I succeed every purpose will be answered. I shall communicate with you 
as soon as a decision is come to, and should have written sooner, but was in hopes 
of being able to acquaint you with the result. 

I remain your obedient Servant, 


iNnonsED.-Lettcr of James E. Small, Esq., relative to the Randall Estate, 
dated 27th October, 1840. 





Judge Small to Mr. Culp.-As to the Administration of the RandaU 


TonoNTO, 20th May, 1841. 

Sir,-Your letter of the 17th is before rae, and I regret to find that you have 
not been made acquainted with the decision of the C;ourt of Chancery »n yo«; ^f «. 
I gave instructions to the young gentleman in my office some three months ago to 

.-i^tetoyou upon the subject,' and -^^ ^\^ *" ^'^r^'^^'' ^T'^f ^rn.trwill 
have now to infirm you that the Court of Probate, as also the Court «/ <-h»n«ery. will 
not interfere by appointing another Executor or rather, an administrator with the 
will annexed, in the life tiaie of Wm. L. Mackenzie, without his ^«\^"<1^;^'^'^^"J ^^ 
his Executorship. The only i^rospect of succeeding will be by hlin- a bill in Cliancei y 
to compel Mr. Mackenzie either to proceed with the Executorship or to relinquish, 


u t U 

when of course, ho will bo ol.lifred to do the latter. Should you dctermino upon 
this course, let mo Icnow immcdi'itcly. ^ 

Mr. Isaac II. Cllp. 

Youi'a &c., 


No. 7(). 

Messrs. Turner, Gvvynne and Bacon, to Mr. Gulp. 

Mr. Isaac Gulp, Druinmondville. 
1? ?®"f Sir, -Enclosed you will receive the Letters of Administration of the late 
Kobert Kanda I. You will observe that the Court of Probate have not required 
Xlonds as m ordmary cases of Administration. 

With respect to the last clause in your letter, stating that E. C. Gampbell, Es- 
quire, at JNiagara, is your man of business through whom your affairs will be 
transacted with us hereafter, wo are at a loss to understand precisely what you in- 
tend to convey. You were pleased to retain us and especially inform us we were 
ttTl^''^ R['k'Ti ! '" ^""^ contemplated proceedings ; and if after this your inten- 
tion should be that we arc only to act as Agents we must beg to decline doin-r so. 
It, however, you merely intend that we are to act as principals, but refer to Mr. 

e:sS!:v:':X':Mr'"" " ""^ '^ "^""'' "° ^'"" '^ ^'^^^^ ^° "^^ ^"^ ^^^^ 

We are, dear Sir, 

Yours, very obediently, 

Toronto. Feby. 0.. 1844. '^''^'"'''' '^'^^^^ * ^^^ON. 

Indorsed.— Mr. Isaac Gulp, Drummondville, Canada. 

I ^' 




^^H L' 




No. 77. 

The Executor's Warning to the Public, relative to the Nepean Estate. 

BvTOWN, (Canada West), September 28, 1850. 
Estate of the late Robert Randall in Hull and Nepean. 
JJAVING observed Advertisements in the Bytown Papers, and received copies 
ot Handbills concerning the Estate of the late Robert Randall, Esquire, M.P., 
In^t^lu. P''°l'«'^^ .^'^l^^', o'- to the management of said Estate I hereby give 
notice that no person is or has been authorized by me to interfere in or transact any 
business relative to sa.d Estate, and that agreements made without my concurrence 

will be round to he. nnl am} vnwl •' 

will be found to be null and void. 
Toronto, 23rd September, 1850. 




No. 78. 

Lot No. 40, Nepean Its valae. — How advertised for sale. — George 

Mallocli, Esquire. — His Evidence. 

The Petitioner, in a suit tried lust Fall Assizes, nt Bytown, made inq"*ry afi' r 
nnc of the Hon. .Tiunes Monis'.s brotlicrH, who was at tlic salo of the Chaudiere 
Kstate, at Brockvillo, but found ho had died. While Gcor<,'e Malloch, Esquire, 
was under examination, ns a witness for .Judge Sherwoud's heirs and devisees, 
Petitioner 8Ug!i;csted to Afr. Lyon, M.P.P., then of Counsel in the suit, to ask him 
whether he knew of the advertising of Lot No. 40, Nepean, Ottawa Front, or waa 
present at the sale. He replied, that ho did not recollcet hying present at any sale, 
though he might have been ; that Judge Sherwood, previous to the sale of Lot 40, 
had sent him out to Point Nepean, to aseertain its real value ; that he supposed, 
though he did not know, that the Lot had been advertised in the U. C. Gazette, 
but had no recollection of the fact ; the Brockville llecorder was established about 
the time ; he (Mr. Malloch) did not remember that any notice of the sale of 
Randall's land was inserted in it, though it might have been. 

No. 79. 

Letter from Randall's Attorney in 1821, as to the proper remedy- 
in the case. 

BaANTFORD, 24th January, 1853. 

Dear Sir, — On Friday last Mr. Thaddeus Smith called on me, and stated that 
you requested to know if I could make any suggestions that would be of service in 
the Randall affair. I have read your Petition which you sent me, and I feel that if 
you can only get the Legislative Assembly to act with the firmness and justice 
which our Upper Canada House of Assembly did on the occasion, there will be little 
doubt that justice will yet reach this iniquitous transaction. If it has not yet oc- 
curred to you to put a clause in the Bill that the Statute of Limitations shall not be 
a bar to the action that the Estate may bring, it is highly necessary that it should, 
for any relief that the Legislature may afford, should not be defeated by the Statute 
of Limitations. This is all I can think of at present. 

I remain your obedient Servant, 


W. L. Mackenzie, Esquire, M.P.P., Toronto. 



„r. ' 

i< > 

• ' 

■•"late, ,„ tl„. Clclv it ,'''"'■"• '''^™''""'' »" fT . 

Ncpoan. =• ^^'"'""' L"' No. Sy, tWossion A. ,' 



IMny "^ 

Randall's IVlifion for 






••'•Hr'^'n A, of n';",;,' _ ^" '" ^«' Concession, and 39 in Con- 

Randnll's Lca'.sc "lUr'-lirinT'l"/. 




'■'"•.V<iuuTal Kohinson to /) 
, ,,,„„, ,,'>'*'P'''*i''>,' AiToaiH of lu ' 

JApril 15, i82i. . luurko m'l'i'''"' '^'' '^'''^ "'' ^-"' •■'" 

13, 182i. 
21, do . 

Cameron, to 

y Kent 
"'"""!,'. nn.l i(.,.on„,;jn".iinV Hen,-;.: 

to Col. (,'o,kl,uni. tian 








"«"y C, 1830. 

iLieutennnt Ciovcrnoi 






j do 






do . 

do . 

do . 

do .. 
do .. 


— , do 
jFcbruary c, 1834 
|Octobcr 11^ 1838. 
I December 11, 1830. 
' ''o 28, 1840. 

jNovembcr 2, 1844.. 

o-!iectio„^S'';iE,f^;^J2M;!;Ige t^^ ^^HI i. „o 

^omm,s«io„er P. Kobin^on on i it tin of '^''in "^ .'"^^••« """'"ty ■ 
requu-ed for " P.,bli; p,,,;'.,, '' "^ * ''*'' •^' "'"^ ^ho Lot is 

tory roplv ' '^'•^l^^'<-'t'"S liis Petition and 




• |Socrotar 

• j James 

tory reply 
Colonel Elliot 

and un.satisfac- 

.' tion be settled '. "° ''"" ^"^ ''one 


'. communicatini- r)i',lnV;"n' V'" ' " '•i ','> 

i''« only part of Lot l!" 'll-iH^^I^;'; i;^^"'"" "ot 

lor 3!)" 

tion be settled 
Andi'cn- Tod to !■ 

I Clergy lie 

' Kocheste 

in 1st Con- 
reserve qties- 




25 do __ 


-ouicster m possession of 3^ in ;'' 
wciipants on '?'i r'.. ' ^'^^ Cone 

t">''K(l, With Vi ' V Tr'*''' ,^^' «'■ "-''O'n 
'or thelrVuo 4anE" ''"" "'"' ^^'^ P''^' ^^'^ 

Chitty, shews 
cession, and three 
JticLachlin is re- 
inning and Dorin 













It I 11 I . J i I .1.1 l l K fi. 

ili.)— {Continued.) 

^^>mmittoo on tlici 
■cased, ns far us, 
Concussion A, k 

>n, and 89 in Con- ' 

' w 

• 100 

imro CoinniiHsion 


;. 101 

meiuliiin; lierrie's 
iiiid Landinnf ^ . ]qj 
! Governor's pcr- 


•, :•• 102 

to send Petition 

; 108 

! can bo no ob- 

,• 103 

licic will be no 
10 Land should 

;.•.• •,: 101 


• 104 

>P at Bytovvn, 
mere nullity... lO.j 
-liat tho Lot is 


°\c 105 

nd un.satisfac- 


permission to 
*sion, Nepean lOfi 
Ncpean, (part 

••••. lor 

, I'etition not 

••. m 

'. in 1st Con- 


"cserve qnes- 


* of Kandail 

: 108 

"tty, shews 
1. and three 
■t^hlin is rc- 
; and Dorin 


F should be 




J!i Juno 


n A T K . 


Novuniber29, 1811. 











October 21, IS J;").. 
2(1, 1841.. 
28, 1838.. 


September 3, 1845 
0, do 
















12, do 
IC, do 

VVnihum Stewart transnn-ts Rochester's Petition for both Lots, statcs^"^"' 
hiH from Firth ' ,,« 

n II .ove, I St nmci.H l.a.luc^.re.s AssiKiinient to .Mid.iulili,, 113 

"''vet i't ' "'""' ^" '''"■''^■•''^''" '"^ ^'■'"'•^''^•'' O^'"'! if I'" can 

'" '^''''m^h!:^iii^'^^''' ^^''''^' "Airhiavit" tllut hV leased housV from 


1!', do 

20, do 

do do 

27, do 

n, do 

do do 

4, do 

0, do 
0, do 

do do 

— , 1841 
February 12, 184(i, 

'" ''''" Hhi l^'"' '^'""''' ''"'""'""' t'"it KochesteV iias'exeVcised owner- 

fn above, nth. i).in<"un Stewart,' that ■Roehcstor' inadV no ■iiniiroVo- "'^ 
iiicnts on 3:t, Conoession A, Nepeim .. ' 114. 

rnnI)ove, (1th. Donald MctJrefior, that Rochester in'ade' no 'iinproVc- 

I iiioiiLs on 8<), Concession A 11J 

do do .. fn above, 7th James Skead, that RocheskV^^mdc' nV impV^mnonts 

on .j!i, Loncession A ■,-,[■ 

'""''"tenant''' ^'""''''" "''''"'^"'''' '''«' LaJucere 'was 'liochJs'tei''H 



4n do 







4, do 

12, do 
17. do 

24, do 

27, do 

21, do 

22. do 

In abon. -(tl. 'i:'. 'v^u^; \]M iiir^ot" ^^nni^^i^n'from lio.JiJste; \i ^ 
take stones of;!!), Concession A., .te 1 

In above, loth. K. Sparkes, same purport as preJe'd'ing,' 'b ut' doc's n^t 
specily, .i'.), (oncesiioii A, separately . . 1 

' T-' 1 '"'■„•;, '''■'!''";• '"'r '""1 iio^l"-'«ter's per'mi;sion't'o"tak; 
limber oil the IJrokeii Front 1 

In above, 12th ^Villiam McLachlin, retails sundry 'co'nv'er^at'ionswith 
nis brother ^ 

above l.'ith H. Ratliuell, statiiig'det'aiIs'which'hc>'^nsidJr'e;i' "to 
eslabhsii Jioelicster s claim 1 

-. above, 1 1th I'. McUauvern, ivnewof'Rjc'h'estei'gixVngpcT^^^^^^^^^ 

to take hlones, \c, ' ,,„ 

In above, 15th. J. Perkins, states wli'a't'liJ ii'as'lu'a'r'd ' n.) 

In above, 1 (Itli. Jaiues Rochester, tlmt Luducerc built by Rwhcs'ter'^ 

permission, lU'., and paid Rent ijo 

In above, 17tb. C. T. Raines, en.ployed by Rochcs'tc.; 'to' pros'e'c'u't; 

. 117 

his claiii: 

In above, I8tli. Lease from Rocliest'er'to Rai'iiiii'i'^ ' 
R' '■ » -'i :"• • ...... ^' • • 


veport, llouthillier's, recommends that Rochester 'b'e'allowe'd' to 'n'u'r- 
chase Lot 3!), in the 1st Concession, and that .'ill, Concession 

A, he sold at .Xiiction joi 

Strong's Petition to reserve these Lots to endow Ch'u'r'c'h' of 'Enola'n'd' " 

at Rytowii ° ' j,^, 

Report, Routhillier, on Strong's Peti'tio'n,'advJr'se' ] ." 104 

( )nkT in Council, directs that both Lots bo sold i,ei.arately to 'ifdches- " 
tor— 3I\ m the 1st Concession, under tlie Clergv Reserve 

\\..r „M 1- n '."r"' ■■'?'' f ' "n ^^"•'F'^'''^'^" ^^' •""'"• -^> ^ec'Land Act. 124 
McLaclihn s Petition to be allowed to purchase ;J!l, Concession A, at 

.i 1 per acre ' j-^ 

Lyman IVrkins, Petition to purchase 30, 'Concessioi'i" A! 'at' i'l's per 

acre • ' j„g 

0. R. Gowan, urging completion of sale to' Ro'cii'estc'r 12G 

Keport, BoiUhillier'.s, that sale, under Order in Council 7th 'Pebr'u'a'r'v 
to Rochester, was withheld, on account of Strong's Memorial 
01 2«rd March, (wanting), and proceedings in Legislative 
Assembly, but opposition being now witlidrawn. as he is in- 
tormcd ^3- Mr. Cow an, sale m.ay be carried out . .'. . 128 


(B.)— (Continued.) 







I Order 





24, do 
1, do 

13, do 
15, do 







fright accrues through Firth.-ord^r 3 i^'I^t Ton- 
to be sold at aucton, Rochester to o-pf V ,1,,; «p u" 

,t • • 5°^l'^ ^'"' '■'•P™"*« P'-climina^y "sur;;; 

July 13 do Isna^ f;S '^ P. u*' ^*y;'"° '^on^Pl^ted survey .... 

, ao . . Isaac F rth, that ho sold both Lots to Rochester in 1 s-5 1 

I'"" ^Slr '^ ^'-* '- -1^ both lITo rVeS in- isae; (no 

^'^'^ ^:^^^. ^^^'J^o^lu6s -or-ora,; in*6;;.;cirof ];i juiv:: 




September 25, 1846. 



recapitulates Firth's 

December 8, 1847..lOrder 






4, 1848.. 
17, do ., 

22, do 
28, do 

cLaim, and denies it in toto, to either Lot 
n to novn„H,„. Rochester to purchase, at 


Sale advertised of Town Lots'(fr( 

February 8, do . 

do do do ., 

<^o do do .. 

April 20, do ,. 

January 5,1850.. 

1848) '"" '^°*' ^'^^"^ ^^''''^'' ^^'-'^^^'^ of 8th Januaiy" 

Order in . Council 

sale to proceed. . °*'' ' ^'"''"S which on his part, 

William Stewart to j A " jfaVlinn-'M' r ■ " '• 

Rochester ., ^^^^i^onald, Commissioner, on behalf of 

ier's, refers to Order in Council of 25th SeptmbJr; 
} T^':^'^ ^'^ "^« b? sti^'od lill i;t 'Mky! 'Mio'{-o 





February 20, 
" ■ 11, 












^"^'t^sS^X ^"'"^'^'-"^°f valuaiio;;;>>-Town Lot; 

'- ^ ^SZ^^^^^i:^^^^^ in 

A. J. Russell to John Durie cilK o^fl?' i "ff"?" ^33 

^ Concession A, by ts rcmarnS 1 to deterioration of Lot 3t», 

J. Dune calls Comm s%„ers' attenHon Tn *° ^u'^P"'' -139 

J. H. Price, CommissionerX Di^f t,n C of S / ''' 

may be carried out in f vn. T o I f ^^'^**^'^""^''y. 1848, 
claimed by Sparks Rochester, for the part not 

Durie to Rachestcr offcringas atove ^^^ 

«.e Lot ., . r»„^ 'iS,V^ZXU!lufZ.VS"' '" 

in Council, rescinds previous Order of 17th Februarv rlo.: ^'^''' ■— 
that any right accrues thron..h F.v+i, J '", J on""TJ '-^in'cs ■ 














-( Continued.') 

1, , P'SS' 

bniary,— denies 
89, in 1st Con- 
?et value of his 
>n A, be siirvey- 
the inhabitants 

• • • • ' 127 

n, and stating 


iinents thereon, 
Concession, at 
vey and sale of 
i by Order in 

, 128 

>9, 1st Conces- 

, Nepean, into 





i 133 

rm 1836, (no 


)f 1st July,— 
to either Lot, 
> purchase, at 

' 133 

rict Agent, to 


8th January, 


iised without 
li September, 


1 September, 


y, following, 

:;riod, at the 

on his part, 


on behalf of 


Lots being 


itty, of cor- 


uspended in 


n of Lot 3t>, 


" 140 

uary, 1848, 
le part not 



tion , , U] 

to value of 
I Lots.... 142 













February 3, 1852. 
do 21, do . 

July 23, do . 

do 28, do i 

August 4, 1852. 






5-7, do k 

4, do . 

9, do . 

11, do . 

13, do . 

18, do ., 
do do . 

19, do ., 
— , do . , 

24, do ., 

do 26, do .. 

do 30, do .. 

do do do . . 

September 4, do . . 



do do . , 

0, do 

do 14, do . . 
October 12, do .. 

do 11, do .. 

do do do .. 

Feb. i & Mch. 27, '24 

Malloch to Rochester, thinks case quite clear and ofiFers assistance . . 143 
Rochester again urging his case on the Commissioner, (with copy of 

reply, same No.) 148 

Rochester's Petition, presented personally by himself and Malloch, 

again stating his case 144 

Aumond and Egan, certify that 39, in Concession A, is occupied by 
Rochester with a House built, and ten or twelve acres of land 
cleared 146 

J. C. Tarbutt, Mem., shewing Departmental action on Lot 39, in the 
first Concession, and 39 in Concession A, to be the same as 
on Lots in any other Concessions lying contiguous 146 

Report Commissioner on Rochester's Petition, gives brief history of 
case, shewing the utmost conceded to this date, to be, permis- 
sion to purchase the Town Lots at their full value 146 

Order in Council, allowing Rochester to purchase tlie whole Lot at 

60s. per acre, with interest from 1848 147 

Rochester assigns joint interest to Malloch 148 

Commissioner to Public Works Department, inquiring what reserves 

are necessary 149 

Secretary P. W, replies, that no grant should be made, improvements 

being in contemplation 149 

Malloch and Rochester, urging issue of Patent 149 

Robert Bell, describing reservations indispensable for Public purposes. 151 

Daniel McLachlin, M.P., that reservations are indispensable 152 

Andrew Russell, Mem., on importance of Ottawa Navigation 152 

Imperial Order in Council, extract shewing that pre-emption could 
only be extended to Clergy Reserve occupants of the stand- 
ing of five years previous to 1841 153 

Report by Commissioner, shews that no claim to pre-emption exists, 
that the Lot is required for public purposes and should be 
reserved 153 

Petition of thirteen inhabitants of places on the Ottawa in favor of 

Rochester 156 

Mr. Lee to Mr. Spragge, inquiring how certain Lots in Concession A, 

Nepean, are granted 157 

Mr. Spragge in reply shewing that Lots in Concession A, are described 

separate and distinct , 157 

Petition of thirty-two Merchants of Bytown, in support of the Public 
Interests, that Reserves are indispensable, being themselves 
engaged in the lumber trade 158 

Petition, Magistrates of Bytown, (ten) deprecating sale of the Lot at 
about £110, as a public wrong, the real value being not less 
than £5000, and urging indispensable reservations for public 
purposes 159 

Petition, Corporation of Bytown, deprecating sale, and describing 

reservations indispensable for Public purposes 160 

Rochester to Provincial Secretary, urging his claim 161 

Malloch to Honorable Malcolm Cameron, urging claim and stating 

position of the case, and his suspicions, with inclosures , , . . 161 

In above, 1st. E. Hawkins Aflidiivit, that he fenced, ploughed, and 

planted for Rochester, &c 163 

In above, 2nd. Charles Heney, Affidavit that he occupied a house 

built by Rochester, &c 163 

In above, 3rd. G. Hillier to Mt^jor Burke, two letters — Firth permit- 
ted to occupy 164 



(B.) — ( Continued.) 




108 April 




9, 1824. 
25, 1852. 
Novembftr 2, do 


9, do 






November 9, 1852 










do do 

12, do 


December G, 







15, do 











Jany. 29-31, 1853., 
132JFcbruary 5, do . . 
133 do 5, do .. 

In above 4th. Sir P. Maitknd to Lord Dalhousie-Firth to occudv^' 

Clergy Rcscrvo adjoining? Richmond Landing. . . . . "'"^^ ,,,, 

^^"""j^'Sih'a^-say^''."^'""^"'^ Affidavit of what he" hea;d "^' 
Petition of WiUiam Lyon Mackenzie on behalf "of ih^ Estat; of late 
Robert Randall (no copy kept, but 2nd Petition, 12th Novem- 
ber, gives his case fully) ' ^^"^^em 

^^'°'*RthesteTc"as7 °" ^^' '"''''''" '^°'="'""<^"t«."'n theMalloch a^d ' 
Report Extract Registry OfficV, By tow;; 'si^^ RocheisieV to'llrVuVch ^^' 

?=fioS\':^l^;r'"'^ '-''-''' '-' ^~'- -J 

""''"'tS^ SSS'f"'""' ^°"^^"^"=' ^'^ '"""^^^^ KochJsl "' 
Report on Squatters' Petition, with' pVtition "of Voth Jiin^' rthc Re- "' 
port^having been made out but not sent to Council at that 

^'""°dn*if'.^!;"^- ^f"^"^' entering mm-; fbily into'd^t^ilVof Ran- ^^^ 
ZtLrPl^^lZf 'IT'^'^'^y t" K-^ecutive Council without 
g'en^in'So?^^"!^^^""" "'^^ ™'^'^'' '"* ''^ '^'^ '« f"">^ . 

. . {Petition, Mackenzie to be heard before the Executive Councii r- 

' ■ ^'''^"Venif ^.'!":?'.!^'-"^^''''"= '''' P^P""^*^' of LargMr.-Mac: '" 

Order •« Council," .^'nVnding OKicVof Stii' and' 7th "of A^i^ii^t 'ind 
making rcservation>, -c^Uo""', ana 

Memorial (second) of Town Council' ;f Byt"o\;;,; 'ex;;re.;s'i;i;' k'lrr'.rise 
a pait ol the Lot for Public purposes of the Town and sliew 
Ronor/nf t' ^^''t' *" ^'^ ''''^'^ '" ^he Corporation .' . "" 

'in Council oroll'S^* ""^^^ ""''' ''' ^^^» >"ade o^ Ord'c; 
iL7;h. ^"^"' iNovember, on account of a doubt of its 




Order in Council amending former Order "(r 
111 Council amending the above by st 
tiU arrangements are made to prev.. 
upon the (Jovernnicnt, in case of decision hereafter that the 

•eceived 10th) 

■ig mu auove oy St -• - 

arrangements are made to prevent recourse being had 

nlT ■ n , '^'"^"u'l'fe' lormer Urtler (rece ved lOtlA 


January 7, 1853 . 

.»t>'eets are vested in the Corporation .. ^c, 

Commissioner to Rochester intimating foregoing d'ecision ' 

cr=r:no|,SsS!;nS^^ ..nSg-^r: 

ieseSr. " ^''■"''' '"* "•'•'■""^'""^ ''^'^ chain and a half 
John Egan M.P., thinks' Mi- 'R^d'i^.^t'er'an' Imneist "mi'm 1? 

'"^S^T^r^fuit^c"'^'""""'"^^' and, rgdnri-eopeidiig ih; '' 
ca«e for fmtlier concession.s, quotes 0. C. of 17th November 
184r, m the case of N. Macpherson .... ^^ovtmncr. 
Nothing appears under this number in the manuia'i'p't 

i?oun7iro 'oS'v^'"^^ ■■^■^"•^ '" aa.oidance'^Jith ''' 

Counal of 24th November, and 20th December 


( )rders 


I ^^cenStTSl "!':p""« *™ °^ ^^^^- - ^'--". of 20th 

'Attorney General Richards 


,-, ,- , , IS, that acceptance 
the Order ui Council 

is in accord.incc with 


! comnienclno 



( B.) — ( Continued.) 

)f what he heard 

» the Malloch and 

im with Rochcs- 





February 7, 1853 . . 

April 5, do . . 

do 25, do . . 



Malloch and Eochester protest against their acceptance of the 5th, as 
havinn; hw.n extorted from them, and accuse the Government 
of studied fraud, &c 101 

Russell and Merrill Koport, as directed by the Commissioner, 
whether reservations are necessary, and describe what they 
believe to be indispensable 192 

E. Malloch, respecting trespass on the reservation, desires that Com- 

sion issue to County Judge to stop it 195 

No. 1. 

JTo His Excellency Francis Gore, Esquire, Lieutenant Governor of 
the Province of Upper Canada, &c., &c., &c. 

In Council. 

|The Petition of Robert Eandall, of Cornwall, in the Eastern District of the 
Province of Upper Canada, Merchant ; 

Humbly Sheweth: 
That your Petitioner is desirous of Leasing Lot No. 39, in the first Concession- 
lor front of the Ottawa lliver, opposite to the Falls, known by the Shawyees, in 
I the Township of Nepean, a short distance above the mouth of the River Reddau. 
Your Petitioner therefore prays your Excellency will be pleased to order a Lease 
[to be made out for said Lot, in the name of your Petitioner, agreeable to the ex- 
listing regulations, and permit Darcy Boulton, of York, Esqr., to be his Attorney 
Ito receive said Lease, when the same shall be completed. 
And your Petitioner will ever pray, &c. 

Indorsed. — Copy, Robert Randall's Petition for a Lease for Lot No. 39, in the 
[Town of Nepean, Oct. 5, 1807. 

No. 2. 

I Copy — Randall's Lease, Lot 39 in 1 st Concession, and 39 Concession A, 


LEASE to ROBERT RANDALL, of the Town of Cornwall, in the County 
jof Stormont, in the Eastern District, Merchant; all that parcel of Land in the 
I Township of Nepean, in the County of Carleton, in the District of Johnstown, 

being the Clergy Reserve Lot Number 39, in the 1st Concession, with the Broken 
jLotNo. 39, in front thereof, upon the Ottawa or, that is to say, Grand River; 
I commencing in front upon the Ottaw.i or Grand River, at the North East angle of 

the said broken Lot No. 39 ; then South 16 degrees East 151 chains, more or less, 
Ito the nllowq,uce for Road between the rear of the said 1st Concession and Lot I 

ti',\ i'V 



in the Concession B, granted to Christian Wallascr; then South 66 degrees West 
20 chains, niore or less to the limit between Lots Nos. 39 and 38 ; ^hen North 
16 degrees West, 125 chains, more or less, to the Grand or Ottawa Kiver ; then 
l^asterly and Northerly along the water's edge with the stream to the place of be- 
ginninnr; containing 276 acres, more or less, with the allowance for Koad » . ;ween 
the broken front and 1st Concession : for which the sum of Thirteen ehillings and 
nine pence of lawful money or 4 bushels and one-eighth of a bushel of wheat is the 
annual rent for the first seven years ; Twenty-seven shillings and six pence or 8 
bushels and one quarter of a bushel of wheat for the 2d 7 years, and 41s. 3d. or 
12 bushels and three-eighths of a bushel of wheat for the residue of said term. 
S.G.N. Tiat No. 669. Description. No. 682 Lease. 

(Signed,) CHEWETT & RIDOUT, 

_ A. & S. 

Order in Council, 23 Feby., 1809, under the administration of Lt. Gov. Gore 
Ihe Kent to commence from the next Qr. day after the date of the O.C 
S.G.O. 25 Feb. 1809. 
CO. No. 788. A.G.O. No. 669. 25 Feby. 1809. 

No. 3. 

Mr. Reward to Mr. Randall, about Reserve Rent. 

^^^^'^ ^ ^ York, 19th May, 1821. 

>Jor-*u^l"°*U'^PP^*'". *''''* any rent has been paid on Clergy Reserve Lot 
Ri'l'pr^n'^J,. T '* ^?"«^/«'?"> ^"'i broken 39, in front upon the Ottawa or Grand 
Kiver in the Township of Nepean, containing together about 276 acres leased to 

FlVl"3s lOiT^' ' ''"' *^''''°" °" '^' ^^'^ ^^''^ ^^''' amounted to 

The Corporation for superintending and managing the Clergy Reserves have 
therefore directed me to request you to pay or cause to be paid to me forthwith, 
that amount as rent aforesaid, in order that the same may be entered in account 
Otherwise measures will immediately be taken to recover the same. 

I have &c., &c. 

(Signed,) S. REWARD, 

Secretary and Receiver to the Corporation. 
Robert Randall, Esq., &c., &c., &c., 
Chippawa, N.D. 

No. 4. 

Chief Justice Robinson to Mr. Secretary Cameron. Fiat for a Commis- 
sion — Randall's Reserves Rent. 

York, July 23rd, 1821. 
Cjur,.-! have the honour to request that you will prepare a Commission uuder the 

a Lease of Vot M, "^K •""' *° pquire whether^the rente have been duly paid upon 
-'Jnfiber thirty=nine in the first Concession, and broken lot nutttber 








To the 

I certify 
office from 

Mr. Ran( 


To His Ex 


&c. &c. 

The Pet; 

Lot No. 35 

No. 39 in t 

Nepean, in 

day of Mai 

Lease reset 

Your P( 
was then i: 
Lease was 
your Petit i 
posal of th( 
humbly pra 


Sir,- 1 1 
Royal Arti 
serve Lot I 
Hou$p of a< 


legrees West, 
; then North 
River; then 
5 place of be- 
load * .. ;ween 
ehillinga and 
' wheat ia the 
i pence or 8 
<1 41s. 3(1. or 
iaid term. 


A. &S. 

Gov. Gore. 

[ay, 1821. 

Reserve Lot 
va or Grand 
es leased to 
imounted to 

sserves have 

e forthwith, 

in account, 


I Comtnis* 

rd, 1821. 
a ubder the 
y paid upon 
lot number 

thirtjr-nme m front upon the Ottawa or Grand River in the Township of Nepcan, 
containing 276 acres, a Clergy Reserve granted to Robert Randall in February, 
1809. The said Commission to be directed to Hamilton Walker, and Adiel Sher- 
wood, Esquires. 

I have the honor, to be, Sir, 

Your most obedient humble Servant, 


m .t TT -1^ ^ ^ Attorney General. 

10 the Hon. D. Campron, Esq., 

Secretary, &c., &c., &c. 

Secretary's Office, York, U.C, 4th February, 1830. 
I certify the foregoing to be a true copy of the Original Fiat, received at this 
office from the Attorney General, John Beverly Robinson, Esquire. 



No. 5. 

Mr. Randall's Petition for a Renewal of his Lease of 39— 1st Concession 

and 39, Concession A, Nepean. 

To His Excellency Sir John Colbokne, K.C.B., Lieutenant Governor of Upper 
Canada, and Major General of, in, and over His Majesty's Forces therein, 
&c. &c. &c. 

The Petition of Robert Randaliji humbly shewetb, that he received a Lease of 
Lot No. 39, being a Clergy Reserve in the Ist Concession, with the Broken Lot 
No. 39 in the front thereof, upon the Ottawa or Grand River, in Township of 
Nepean, in the County of Carlton, in the District of Johnstown, from the 25th 
day of March, 1809, for 21 years then next ensuing, paying the yearly rent in such 
Lease reserved. 

Your Petitioner has lately applied to pay the rent due on the said Lease, and 
was then informed that the Clergy Corporation had made an entry that the said 
Lease was forfeited, and that the said Lot should be otherwise disposed of. That 
your Petitioner has reason to believe that no fiiiit has issued for any such fresh dis- 
posal of the Luv to the prejudice of your Petitioner, wherefore your Petitioner 
humbly prays that upon paying the Rent now due, he may have his lease renewed. 
And your Petitioner, as in duty bound, will ever pray. 

No. 6. 

(Copy.) Richmond, 13th Nov., 1823. 

Sir, — I have the honor to transmit the Petition of Andrew Berrie, late of the 
Royal Artillery, praying that an Acre of Land be granted him off Clergy Re- 
serve Lot No. 39, adjoining the Richmond Landing, for the purpose of erecting a 
Hn?jiaf> of accommodation thereon. T beg to observe that this is one of the Lots 



( , 



which His Lordship the Commander of the Forces had decided on reserving for 
public purposes, as appears by Captain Parker's letter of the 15 th August last. 

^ The Petitioner, since his settlement under this superintendence, has conducted 
hiniself in a highly respectable and industrious manner, and given most general 
satisfaction as an Inn-holder at the Landing ; and should it be compatible with the 
view-3 of His Lordship the Governor in Chief, I would beg to recommend favor- 
able consideration of his prayer, holding in view that the place assigned him be 
situated on a road to be laid out in continuation of that at present in use across 
Lot No. 40. 

I have, &c., 

(S'-r. l\ G. T. BURKE, 

Secretary and Stk. 
Colonel CocKBURN, &c. &c. &. 

Dy. Q.M. Gen.'s Office, 

Quebec, 3rd October. 

A true Copy. 


Capt. and Dy. A. Q.M.G. 

(Firth), ( 
give him 
until Ma 
lose eight 

Sir, — ; 

Mr. IsAA 

No. 7. 

I certify that Mr. Isaac Firth has obtained thro' me the permission of His Ex- 
cellency the Lieutenant Governor to take possession of and occupy Clergy Reserve 
Lot No. 39, 1st Concession from the Ottawa in the Township of Nepean. 

Richmond, 15th April, 1824. 




** No. 39, 

*• allows i 


No. 8. 

Richmond, 21st April, 1824. 
Dear Sir,— In compliance with your desire, I enclose extracts from 2 letters which 
I have received from the Provincial Secretary at York relative to Clergy Lot No. 
39, retained for Government purposes. 

I also transmit a Certificate of your having Government permission to occupy 
the lot. I take this opportunity of enclosing one of my Addresses to the Freehold- 
ers, and beg to solicit Mr. Berrie's and your interest on the occasion. Your exertions 
will be the more necessary in order to meet those of a party in March, who seem de- 
sirous of dictating to the freeholders in the choice of your representation. 

Very faithfully and obediently yours, 

G. t. BURKE. 

P.S. — I have heard by the last post from Major Hillier, who says he shall answer 
me finally respecting the reserve, when he hears again from Quebec. Adding the 
latter extract, March 27. 

We have now on hand, a supply of very choice Ale, but I fear the roads will be 
unfit to travel for some time. 

G. T. B. 

In the 1 
session of 


Sir,-I , 
your Mem( 


serving for 
Eist last. 

3St general 
»le with the 
nend favor- 
ted him be 

use across 

and Stk. 


of His Ex- 
gy Reserve 



Major Hilher to Capt. Whitmarsh, relative to a petition of Berrie's partner 
(Firth), concerning K. Kandall's reserve, No. 39, Nepcan. I shall no be able t^ 
give hun a fanal reply on the subject of the Lease of the Clergy Reserve in Nepean 
Tae sighTof it "^ ''P'^' ^" ^^"^ ''''^'"^ '''^ '^^"^^d^^^dl but that ; Xo' 

_ S. H. 

And remain, 

Your obedient Servant, 

Mr. Isaac FmTa, Nepean, U.C. ^ WHITMABSH. 

Addressed — Mr. Isaac Firth, Nepean. 

No. 9. 

Extracts from Letters addressed by Major Hillier to the Subscriber. 


«TfTir -P- York, February 5th, 1824. 

« M QQ T -11 T^'".^^'^^^]'!^ to "^e a Petition for the lease of Clergy Reserve Lot 
<« 11 i^ '^-^' ^/''^ »i»mediate attention to it ; in the meantime, His Excellency 
*' allows Mr. Firth to take possession of and occupy that Lot." -^^ceuency 

(Signed,) H. HILLIER. 

il, 1824. 
tters which 
;y Lot No. 

to occupy 
1 Freehold- 
ir exertions 
10 seem de- 

lall answer 
Adding the 

ads will be 
r. T. B. 

No. 10. 

Government House, 

York, March 27th, 1824. 
In the meantime, I think there can be no objection to Mr. Firth's entering on pos- 
session ot the Reserve, which may be important to him. 

(Signed,) H. HILLIER. 
Richmond, 21st April, 1824. 

(Signed,) G. T. BURKE. 

No. 11. 

Sir John Colborne's Reply to Mr. Randall's Petition. 

Government House, (York,) 6th February, 1830. 
Sir,— I am directed by the Lieutenant Governor to acquaint you, in reply to 
your Memorial, that he finds that a Fiat did issue for the disposition of the Lot in 


•h - 


question, and also that you were informed of the armneement. Copieg of the 
Fiat and the notification transmitted to you on that eubject are inclosed. I am 
also to observe tiiat I have been desired to ascertain from the officer, said to be in 
charge of the Lot 39, 1st Concession, Nepean, at By town, by whose authority it 
was directed to be taken out of the hands of the Clergy Corporation ; and if it 
should not be required for the public service, His Excellency thinks that there will 
be no objection to your lease being renewed for the usual term. 

I have the honor to be, Sir, 

Your most obedient humble Servant, 

Robert Randall, Esq., M.P.P. 


No. 12. 

Randall's Petition of 1833 — Reserve wanted for Public Purposes. 

To His Excellency Sir John Colborne, K.C.B., Lieutenant Governor of the 
Province of Upper Canada, Mtyor General Commanding His Majesty's 
lorces therein, «S;c., &c., &C. 

In Council. 
The Petition of Robert Randall, of the Town of York ; 

Humbly Sheweth: 
That the Clergy Reserve Lot No. 39 in the 1st Concession, with the broken 
Lot No 39 in front thereof, upon the Ottawa or Grand River, in the Township of 
Nepean, was leased to your Petitioner by Letters Patent, in the year 1809. The 
lease having expired, your Petitioner prays your Excellency will be pleased to 
grant him a renewal thereof, on payment of the arrears of rent. 
And your Petitioner will ever pray. 

York, 3d January, 1833. 

Read i 
Clergy I 

Not gi 
and is no 



Sir, — Ii 
have the 1 
afford you 
Firth 18 a 

Captain B 



No. 13. 

Indorsed.— In Council, 24th April, 1833.— Not recommended, as the land in 
question was regularly forfeited under a commission, and is now indispensably ne- 
cessary to the public service. 


Government House, 7th January, 1833. 
Referred to the Honorable the Executive Council. 

By command. 

(Signed,) Wm. ROWAN 

Communicated 30th April, 1833. 
See Petition of Isaac Firth, read in Council, Gd February, 1834. 

I beg to r 
port of the 1 
will observe 
public purpc 

Sir,— Wit; 



Copies of the 
closed. I am 
said to be in 
•e authority it 
ion ; and if it 
hat there will 



ernor of the 
[is Majesty's 



h the broken 
Township of 
• 1809. The 
le pleased to 


the land in 
pensably ne- 

x .L'.D.v'. 

ry, 1833. 


TowMhip of Ncpcnn ' Concession, with tho broken front, in the 



Clerk Executive Council. 

No. 14. 

0,1. G. T. Burke to Col. Cockburn.-Atty. Gen. Bodton to Capt. BoUon. 

^ ^^^'^ ATTOBNEr General's Office, 

h.,?;hTtr'loT:;:;*fo:sror '^ -' '--^^ 

I have, &c. &c. &c. 
(Signed,) H. s. BOULTON, 

Captain Bolton, Attorney General. 

Senior Royal Engineer, Eideau Canal. 

A true Copy. 


Clerk Rideau Canal. 

,„ ^ No. 15. 


Commissioner of Crown Lands Office, 
T 1 J. r. ^ork, 21st August, 1833. 

1 beg to refer you to Colonel By's letter of the 16th Februarv 1830 on tha T?. 

Sim otte^'thrthe tf r"/:-:-^^""?^^^^^^^^^ tiSerby whic'h yot 
puWif purposes ' ^'*'*'°"'' " ^'''''''' of obtaining is required for 


No. 16. 

Government House, York, 22nd August, 1833. 
Sir,-Wath reference to your Petition of the , I am directed by the Lieut. 

'It ? 



Govcmor to tranflmit to you tho annexed copy of the Report from the Commissioner 
01 Urown Lands. 

Tho Certificato which accompanied your Petition is returned herewith. 

I am, Sir, 

Your obedient Servant, 

Mr. Isaac Firth, at Mr. Talbot's, Land Agent, York. 

No. 17. 

Mr. Talbot's (Land Agent) Explanation of Refusal of Lease to Firth. 

„. York, 22nd August, 1833. 

bir,— Your Petition obtained an early consideration, and reply, though not 
satisfactory as we could wish, as will be seen by the annexed Report, which states 
that m consequence, or rather upon reference, to a Letter from Colonel By in 
i^ebruary, 1830, and the Report of the Executive Council, the Lot was required for 
public purposes, and, in all probability, will bo withheld from sale or lease until 
such time as a Certificate or Declaration to the contrary be made by those whose 
province it is to decide. 

Colonel By, I suppose, is not within reach. Should you feel disposed to apply to 
hina upon the subject.-tliat is, to procure from him a written Certificate, addressed 
to the Comniissioner of Crown Lands, stating that the Lot in question would not 
now be required forpubhc purposes-if you were satisfied from its situation it would 
not be required, and that it was important that you should have it-you mieht 
apply for a lease of occupation for ti.e time when such declaration would be made. 
or for the period when it is required for public services. 

Mr. Isaac Firth, By town. 

And am, Sir, 

Your obedient humble Servant, 


To Hia E 



That P 
cession on 
Elliot (ho 
ment to th 
answer, th; 
"to it, and 
" and occu 

That Pc 
answer cou 

That un 
the Union 
lease of sail 
necessary b 

And Pet: 


Sir,— You 
First Concc! 
Council oa tl 

No. 18. 

BvTowN, 8 th November, 1833. 

iftOQ f •^f*''''K^r*^*'-^'^^.'^"'!''*"^'^ by the Earl of Dalhousie, in the year 
1823, to inform Mr. Isaac Firth that he had His Excellency's permission to occupy 
a part of the Clergy Reserve No. 39, 1st Concession, NepeanT 

(Signed,) G. A. ELIOT, 

Lt. Col., M.B. 

Mr. Isaac Fj 

Copy of a R 

The Petitio 
for, he seems, 


The Petition of Isaac Fmni, most 

That Petitioner wtm m.f ;„ v.^ • n Humbly Siieweth : 

cession on the o'arin' o 7urS of'fc;' '''■'''V^' ^^' ^^ ^^' «-* Con- 
Elhot (ho beinr. here at that '{76 bit Si nn' '" *^ ''"f""^" «^'i823, by Major 
ment to that effect, wrote to Mr^eretii^^v li Ho ""^^^'"^ »^^^«i"ed an^ docu- 
answer, that "if ho would forward a 7>n.^; «»/'c subject and received for 

;;to it, and at the same time irEx el en I Ul mv^^^^^^^^ ^-f J-te attention 

" and occupy that Lot." ^tuiency allowa Mr. I irth to take possession of, 

That Petitioner having fonvnrflofl tUr. t> i-i.- , . 

lease of said L„r a, may SnTfy'^l ;^\i°r,:f;-:'°<'''"r '" S™"' ■•"" '» '""S » 
necessary buUdings; liavin" nrcS ™1 f . "= " ''™»<' ""d barn, and otEcr 
And Petitioner. « in dnV L„t XtX""' °' ^''°°"™' '-P™-— • 
Bytown, November, 1833. ISA-AC FIRTH. 

ADDRE8SED.-T0 His ExccIlcncy Sir 7ohn Colborne. 


No. 20. 

Executive Council Office 

Couneil oa tl,e 3rd instant, and L7ra;-cr not gmnt ed ■" °' '^'^''' ™ '""'' '» 
I have the honor to be, Sir, 

Your obedient Servant, 

(Signed,) JOPIN BEAKIE, 
Mr. Isaac Fihth, Bytown. ^^^^^ Executive Council. 


No. 21. 

Copy of a Report on a Petition of Isaac Firth, to lease or purchase 30 

m the First Concession Nepean. P^^^cnase d j, 

Ghown Land Office, 


General and the Lieut. Governor, Sir P. Maitland ; lie hns not ever Imd grunt of 
the Innd or right of pre-emption, nnd if the lot being a Clergy Kcscrvo should bo 
wanting for ecclesiaaticnl j)urpo8e8, his claim cannot be conMidercd as standing in the 
way of its appronriation further than hia occupation may have improved tlio value 
of the land whicli doc8 not seem probable, as he is reprcHonted to have cut timber 
of considerable value from the lot; the utmost extent of his title seems to be a 
verbal permission to occupy, which, even, if it had been formal was liable to be de- 
termined at the will of the Crown. In the year 1809, a Lease appears to have been 
granted to Robert Randall which has, however, expired, and the Lease contained 
no clause of renewal, there secma therefore no difficulty in the way of disposal of 

the Lot nr.rordinnr fn vniir Kvppllnnni/'a ninnuiirn 

the Lot according to your Excellency's pleasure. 



claims G 

more i'oi 

Mr. Jar 

No. 22. 

House of Assembly, 11th December, 1839. 
Mr. J. Rochester. 

Dear Sir, — On my arrival here, I put in your claim to the Clergy Reserve that 
jou are iu possession of. 

This morning I called at the Council Office ; thty shewed me the Rev. Mr. 
Strong's Petition for the said Lot, sent in on 38. I was informed that there would 
not be anything farther done in the matter until the Clergy Reserve question was 

Yours truly, 

(Signed,) T. McKAY. 

No. 23. 

Toronto, 28 th December, 1840. 
Sir,— I duly received youra of 2nd current, and regret the delay that has taken 
place in search of your Petition. After making every inquiry in the Executive 
Council, and other Offices without success, I wrote to the Government, to which 
they state in reply " That the Petition of Isaac Firth, concerning which you make 
" inquiry, does not appear to have been received at this Office." Upon the refer- 
ence given me to Messrs. Baines and Lee, they both appear to have some faint re- 
collection of such a petition, but on a diligent search being made by these gentle- 
men, no trace can be found of such a document having been filed in any of the public 
Offices, and of course not reported on. 

I do not see you can do otherwise than Petition again, stating fully the facts, and 

S reducing affidavits of the clearing and improvements made on the lands, as also 
lajor Bolton's certificate of, the said lot not being required for canal purposed. 
It may be well that no time is lost in bringing your claim before the Council, to 
await the result, depending on the future instructions (as to the sale of Clergy Re- 
serves) that may be received from the Home Government, the Council having at 
present no power vested in them to decide on claims against Clergy Reserves. I 
find Mr. Strong, as you mention, petitions for said Lot for a Glebe, but his request 
was not entertained. Pray who are Randall and Barrie, whose names are noted on 
the Books of the Commissioner of Crown Lands as having, or having had some- 












Sir,— Ha 
point, in the 
doing. It a 
cession, and 
pean, had hi 
the sanction 
ments in sai( 
«tid on the fi 

lind ffrunt of 
rvo should bo 
tanding in tho 
ived tlio vuluo 
vo cut timber 
ccms to be n 
ublo to bo dc- 
8 to hiivc been 
lasQ contained 
of disposal of 


nber, 1840. 
lat has taken 
he Executive 
ent, to which 
ich you make 
)on the refer- 
ome fnint re- 
these gentle- 
' of the public 

the factSi and 
ands, as also 
nal purpose/, 
e Council, to 
f Clergy Re- 
cil having at 
Reserves. I 
at his rccjuest 
are noted on 
Dg had some. 


c^ims c.n tho Lot. This mnst bo clearly .ho.h to 

' Tort! off the Originn?. 

inauro yoti of your clairti being 
moro for your interest 
Mr.J«.p,„™,^!;f;:''> ANDREW TOD ., 


(Signed,) A. T. 

.W, .- . B..„ ,„. „...,. ..U^t^j, ,.. „„.„ ., ,„„ 

Reserve that | r-sm^ 

he Rev. Mr. 
t there would 
question was 




© a 










If occupied, and J 
hy Whom. g 

70 Daniel McLachlan, 

John Rochester . 











Recommend that D. Mc- 
Lachlan do pay to Oziah 
Banning £26, and to 
I^ms Dorin £5, lor 
two Shanties on Lot 
39, A. 


IVo. 25, 

cession, and Lot 39 on tLTofce„ froL of t^^^^^^^^ *^' H^ ^1''" ^¥ ^«' Con- 
pean, had been orcupi^^l for ^— "Jv ^"~'''^*' '" *^® Townshio of Ne- 



JKHjae, and made other improvements- it alao appears by receipts he produced, that 
he had regularly paid the District Taxes on both Lots. 

Those with other facts which have come to my knowledge, are the reasons on 
which I ground my opinion that Mr. Rochester has a prior right to have hia name 
roistered for Lot 39, on the Broken Front, on the Ottawa, 76 acres; and not that 
ot a Mr. Daniel McLachlin, who alleges he purchased a house from a French- 
man on the 17th last June, for the sum of fifteen pounds Currency ; the said house 
and premises, I am credibly informed, was not the property of the said Frenchman, 
but merely rented to him by said Kochester, of which I believe most satisfactory 
proof caa be given. •' 


Late LC.R. 
Honorable Commissioner of Crown Lands. 

No, 26. 

Legislative Assemblv, 

November 29th, 1844. 

TiT^T"'u^*^~A*'°°"'P^"y^°° *^'^ I beg to place in vour hands a memorial from 
Mr. John Rochester, of By town, in reference to Lot 39 and Broken Front, near 
iiytown, m the Township of Nepean. 

I can vouch for the fact, that Mr. Rochester always had possession of both since 
his purchase from Isaac Firth, and that he is in possession of a re^rular Bond and 
assignment of it, which will be forthcoming, if any attempt to doubt or disturb 
his possession. 

I have the honor to be, Sir, 

Your most obedient Servant, 


The Honorable D. B. Papineau, 

Commissioner Crown Lands, «Sic. &c. &c. 

No. 27. 

4th December, 1844. 
To the Honorable Denis B. Papineau, Commissioner of Crown Lands, 
&c. &c. &c. 

The Petition of John Rochester, of Bytown, in the District of Dalhousie, most 

Humbly Sheweth : 

That your Petitioner, in the year 1836, purchased from Mr. Isaac Firth, of By 
town, Lot No. 39 Ist Concession, and 39 on the Broken Front, in the Township 
of JNfepean, for which he paid £60 Currency, which are Clergy Reserves. Tlie 
said Lots were granted hy his Excellency Sir P. Maitland to Mr. Firth, in 1824, 
who was from time to time assured by Major Hillier, the Secretary to the then 
Crovernor, that a patent might be expected for the same. 

^ ThaUhe said Isaac Firth made repeated subsequent applications to the Crown 
i.ana Uepartment, accompanied by the necessaiy documents for a Patent, who 
wa* on every occasion encouraged to believe he would receive one, but from the 





upon ti 

had ne' 

able poi 



Front ( 



would h 

of comf 

good lai 


ly pleas( 

it origin; 

open in\ 

report th 
cases ths 

claim to J 
of Mr. Di 

Of the 

Mr. M. 

claim to tl 


acre for tli 

I have t 
Bytown, I: 
Church of 

Mr. Ro( 
the Goveri 
that purpo 

T. BouTHi: 


reduced, that 

; reasons on 
ve hia name 
and not that 
tn a French- 
le said house 


te I.C.R. 

)th, 1844. 

morial from 
Front, near 

' both since 
r Bond and 
t or disturb 


er, 1844. 
vn Lands, 

lousie, most 


rth, of By- 
rves. The 
1, in 1824, 
the then 

the Crown 
atent, who 
t from the 

difficulties which arose respecting the settlement of the Qergy Reserves, it was 

incl'r'eVaTrc^:"'^^^^^^^^^^ of those assurance, from the Government, haa 

upon theb?orenfXt and onTh'T.^T"'"? ^°"^°^' '^"^ ^''her buildings, both 
hid never for Tmoment enterV;^ J "^^T ^ T^ ^'^^^ ^'^^^ ^' famiry,~and 
able possession theS '"^''^'^^'^ ^ «'°Sl« ^^"tt of his remaining in the peac^ 

inspectdThe&^rm^^^^^^^^^^^ Commissioners who 

Front detached from Te otEart of th."^^^^^^ T^^' *°.^^^« *^'« Brokett 

part. Your Petitioner will h/nff . ^"/^' °^ '^^'''^ »' constitutes an integral 

clearest testimony Inrh" etn^^^^^^^^ he assertions. above alluded to, b^li^ 

would he completely cut off fS;fTr.rp-*T^'H'"S the Brokeh F/ont, he 

of comparatively Hwb vie tt^e bin! L ^'TI' ^''""endering the remainder 
good land. * ^^^ ^^""^ °" ^^^ whole not more than 25 acres of 

it originally formed anrsilLoS'fnf '^'^ ^'°^^'' ^i'^^"* ^^^"^ *^« ^^^ '^Wch 
open investigation taSs place. "^''^^^ '*" "^'^ral part, until a fair and 

i^rUhrttrUt^^^^^^ knowing from universal 

cases that come before you "^ «<l">toble, wishing to see justice done ia aU 

All which is respectfully submitted, 


No. 28. 

c- T u . . Dalhousib District Agency, 21st October 184 -5 

claim^lL'o^eXtla'' b C^^^^^^^^^ t" " T ??^* '' ^^- ^^^^ Rochester's 
of Mr. Dan? McLau|hlL^k ^°"^^^^^°° ^' «° t»^« Ottawa, and others in support 

Z'mT' \r °f '' ^"- R''^''''^'^ to be the most substantial. 

cla^he'^J^ft'c" p^^IeS^^^ P^? - *^- ^^-^ g-en up all 

Rochester neitW ^fa clZ to kt rith^^^^^ *T' hr"'^^*'^". ^^ P'^^i"? that Mr. 
acre for the Lot! ^ '' ^"'^' ^'*^^ «*°>e t^^^e, offered £lOper 

I have to inform you that since the opening dav of sale th/» T?pv Q Q q*..„ r 

I have the honor to be. Sir, 

Your most obedient Servant, 



f . 

'■ '• 


No. 29. 

'THIS Indenture, made the seventeenth day of June, in the vear of oi,r T nr ^ 

htei?7n te7rl^:^'i^^^ ^".' '"^*^-4' '' ^^^^ "' i" thrSstH t ^^^^^^^^ 
K!'„ ° 1 ^T]°^^ ^^ Carn,il!i, between Francis Laducer, of the Townehin of 
IJepean,m the District and Province aforesaid, labourer, of the one part and 
?hT V,^'^J'*^'"' "^ ^^T^^^" ""^''''"^^^ Gentlem'an, of the other par?; wftneVseth 
mlVA^t'vr*""'' Laducer, for and in consideration of tU su J of fifteen 
pounds of lawful njoney of the Baid Province to him in hand paid by the said Danid 

B^ld S.%- ^T^'f ^]'r°^ '' ^'''^y acknowledged, hat^h granted! barc^aS 
rarirsell 'relr/ l"^ ^'' T/ ^^"'"'^ '^>''?' ^"^ by these presents dothCant 
iln^r. K • ' T^'- ""^H^^ ''"'^ ^°' ^^^"^ 1"'* <^^«>™ »n*o the said Daniel Mc£ach- 

per\v and delnH?''/''' '''\f *h^^«t«t^ "ght, title, interests, 1dm, poI 
jperfy, and denaand whatsoever, either at law or in equity, of him the said Francis 
Laducer of, m, to, or out of all and singular that certain parcel or tZf JZTi 
and premises, situated and being in thf Township of NepSaforLlS^^^^^^^ 
mpnfy known as Ijot nymber Thirty-nine in Concession A, Ottawa frUfof tt 
thllT'^^P/? ^'P'*°i u ^^S^^'^^*- ^^*^ ^" ^°"«««' out-hoises. woods ,nd water^ 
bekn^nr ^'"^ " ^^' '""^ '" '°^ '"°"''*' *^' appur'tenances thereunto 

«8slns''rtrAl''°^^ *^' '• "^^ "1!*° ^'^^ '""'^ ^^"'^^ McLachlin, his heirs and 
^Sh^eVstd^^^^^^^^^ '^"^^^ ^°^ ^^»^-^ «^ ^^'^ -<^ I>--I McLach- 

In witness whereof, the parties have hereunto set their hands and seals the dav 
.and year first herein ^vritten, and i^ the seventh year of Her Majesty's Reigl^ 

(Signed,) FRANCIS ><' LADUCER, [L.S.l 


(Signed,) DANIEL McLACHLIN, [L.S.] 
Signed, sealed and tlelivered in presence of 

/Signed,) JOHN SCOTT. 

aaid Isat 
said Jol 
to execii 
the said 
may thii 
and perf 
void, oth 


assign, tr 
premises, i 

Sworn 1 

No. 30. 

t^NO W all n,en by these presents, that I, Isaac Firth, of the Town of Bytown in 
John Rnnlf T'"'f .u^ ^PP'' /?^"^"' Gentleman, am held and firmly bounH; o 
nn« V.?^ ?''' ^'^tl^^ Township of Nepean, in the Province aforesaid in the sum of 
Z «»-^ t'1 ^T^u °^ S°°^ ^"^ ^'^^f"! »"<>»ey of the said Province o be paS to 

or As int fo^^^^^^ '' \^'' T T ^"°^°«3^' ^^'^^'^^^' AdminttL or^ 

TT.^7 ^ ' f which payment well and truly to be ipade, I bind mvself mv 

feK^r^**"'"' ^°^ Administrators, for the whole and every pTr?herS 
Apr f ivTf i ''' Preaents, sealed with my seal, dated this twentyTeighh dav of 
April, in the year of our Lord, one thousand eight hundred and thi^?eight ' 

do appdnt ' anS In^ ""^Y^i' «uch,-That if the above bounden IsLc Firth 
flo appoint and continue . Johq Rochester, of the Township of Nepean in tL 
Provinpe of Upper Canada, his true and lawful Attorney, to Lna^e the Estate of 
him the said Isaac Firth, consisting of Lot number tldrty-nine and the Broken 

JcSLVoVof%hT- ^°"''T^^ ^" *•'« O"-^- front and to give hTm 

Krth Z- T ^"•^ ^\*^^ "^'^*' *'*^« ^"•i interest which he, the sfid W 

tovV^f' °; may have, to the said premises, and to give and allow to b. «a?d 
,foh„ Rochester ah the profits and emoluments arising therefrom ; and furthei^,^!^ 

District oi 


maketh oatli 

May, leased 

aforesaid JPr 

broken front 

the said Joli 

This depo; 

ley's Bridge, 

said John R 

inquired of ] 

was living in 

finally agreeti 

This depon 

the said Ladi 

Chester was t( 


of our Lor<J, 
strict of Dal- 
Township of 
e part; and 

witnesseth ; 
m of fifteen 
! said Daniel 
I bargained, 
I doth grant, 
el McLach- 
, claim, pro- 
said Francis 
•act of land 
d, and corn- 
front of the 

and waters 
;s thereunto 

is heirs and 
il McLaoh- 

:al3 the day 
i Reign. 



Bytown, io 
ound unto 
the sum of 
be paid to 
yself, my 
rt thereof 
th day of 
ight. " 

saac Firth 
in, in the 
Estate of 
e Broken 
give him 
jaid Isaac 
> the said 
:ther, the 

"d JoTn noleLt^^^^^^ '"if "?f' "* '^^ ''osts and charges of the 

to execute atransferbeeS of t'e saSelf h? *'?«.«r,r'r"' ^^^''^ said Lot and 
obtamed, and to do and executeanv ,!.' '^*'^'f ^"S'nal Deed fiom the Crown can be 

the said Lot to the said Jolm RoX t'Xt hf ' Z^^^ ''' '^' "^^'^-^ ^e^K' o? 
may thmk necessary and nroner Tf^fu , ^^^V' ^'^ CounseMearned in the taw 
and perform the afbr^saij s?ver.] JncW??''''^*^ }'''''' ^^^''^' ^' «'«" «"<! truly keep 
void, otherwise to remain irSlrceSde'S '" *''" '^''^^^•°" '' ^' °»" -^ 

«%ned, sealed and delivered in presen^or" ''"^' ^^ ^^"^'^ 

(Signed,) JOHN McGRANES. 

town. Township of 

DzsTHrcT or Da.hou«h,| JOHN McGRANES, of Byte 
personally present and did see Isaac Firth ^ftL^ '' V-""^ ^%^^'' deponent/ was 
assign, transfer, make over unt^John Rnot^!.P'''%^'^r''«^^' Gentleman/duly 
Gentleman, an his right, title, ell and intr^^^^^^^^ the place last afor'esaid^ 

premises, and that he, this Deponent, is a "Sbfng wirnt Z^t^^ ^^"' ^^^^ 

(Signed,) JOHN McGRANES. 

4ri't84r^ ^' ^^*-"' - -^~Di3^rict of Dalhousie, this third day of 


Commissioner for taking Affidavits 

m Q.B., Dalhousie District. 

No. 31. 

nmkethoath and saith; "That irtl'siTl^^^bo:;!^'''"' ^''^"^°"^'« ^^^^^^i 
May, leased a house from John Rochester? of thl Town r'".^'^'' ''"^« ^'^"^ ^^^ 
aforesaid Province, Gentleman, situate in thl .fn ^""'T'^P' bounty. District and 

^^^B^z^ si^ni^:/'i:T:r^' '^ -- ^^--^ - poo- 

said John Rochester and one Frands Ladu'sare to tj? ' ^"'''''1'''''' ^'^'^^^^ the 
inquired of Ladusare what he wouS atw hYm as tfT/ '\' T^ ^°<^'>^«ter 
was living m? his " Ladusare V' answTw.sZrhS'^/r *^' house he then 
finally agreed for twenty-five shillings yeSy ' '^'"^ "°' ^"°^^' ^ut that they 

tPa^trsSL'S'r^^^^^ ''-'^^ j-, this deponent, asked 

Chester was to have the same instead of r^nt ' ""'"^''^^ '^''' '^' '^'^ J^^^ Ko- 


i?* ' . 

i f: i I 




Bi ; V 


Swon,before.e,atB,town ij. the said DistricMhis3rada;ofSepte.^^^^^ 


Commissiouer for obtaining affidavits 
^ in Q.B., Dalhousie District. 

No. 32. 

That he has been a resident of BytovT^^^^^ '^^' ^^^ «aith 

on business, not exceeding three Cnlhs 1 ll ""Y \^^\ ""^^«« ^''^ absence 
Rochester, now in possession of Ct No 39 iTh *"?''? %°*^ ^« ^^^^« ^''"t J«hn 
has exercised the ownership over said Lof „nS K u "r Concession of Nepean, 
further saith, that he had permi sion Iny yeJ^s bS? ^T'' '°^ *'^^ ^^P«"«"* 
fencing from the said John Kcchester • aL Su ^ """^ '°T "'"«" ^^^^rs for 
Daniel McLachlin is actuated by badVeelLtl„^r°"'"^ i u^^ °P'°'«° t^'a* Mr. 
mg than himself. ^ feelings, and prompted by one more design- 


Sworn before me, this sixth day of September, in the year 1845 

(Signed ) E. J. HUFLULE, 

A Commissioner for taking affidavits in 

Q.'^' in said District. 


No. 33. 

, ^mlt^ Sl!i^?aUh°^ ^lirni 'V^' ^'''™' °^ Dalhousie, Carpenter 
MeLachlin, of By town%foesaid Millar a^^^^ h« --sted Kiel 

Kiln upon Clergy Beserve Lot No. thlty Ip in P ' ^^''P^'^''}' ^^ build a Lime 
of Nepean Ottawa Front. This Conent Shir 'TT"". ^' °^ '^^ township 
years resided in the vicinity of thSTot and thS h ^'' ^'^ ^"' ^'' ^^°"t "'"« 
know that John Eochester of Nepean afores'«?d V ^' '' ^""^ ^^^'•^' "^^ does he 
ments upon the said Lot. ^ atoresaid, Yeoman, has made any improve- 

(Signed,) JOHN CHITTY, J.P. 

ed with t 
Nepean, i 
knows thf 
has burnt 
Timber tl: 
tnow, nor 
made any 

Sworn b 

No. 34. 

District OF Dalhousie, > 1 DONALD McGEECxm? e t, . 

to wit: lU DistrW lOnii 1 ,-^' °^ Bytown, in the said 

been in the employ of Daniel MeLaeS^f Bvfr'''*5°'*^f '^^^'*^' That he has 
Merchant, for the last sev^n y^av, aXhn^l l^^"" a/oresaid, xMiller and Lnmhor 

-v.n y.ars, and that he knows that the said Daniel McLach- 

District of 

to V 

Canada, Me 

of Nepean, ] 

the year of 

Deponent; < 

Halifax curr< 

Rochester foi 

should be pla( 

Township of 

House and P; 

Concession of 

then, nnd loni 

tfae elder. 

eptember, 1845. 


g affidavits 

Ihousie District. 

sq., M.P.P. for 
ith, and saith; 
ess his absence 
vare that John 
ion of Nepean, 
I this deponent 
mall cedars for 
inion that Mr. 
B more design- 


davits in 
said District. 

!, Carpenter, 
isted Daniel 
build a Lime 
he Township 
)r about nine 
nor does he 
my improve- 


foresaid, this 

rr, j.p. 

in the said 
That he has 
ad Lumber 
}1 McLacli- 

5i S£r3!S^ to^^^T^^n^iiwie^ Lot, 

occupied the s-Ud I oM'''','"'^ ^«»'eJMcLaehl „ ha3in?"i!^'P,"^.^«P««"' '" the 
J'e k not aVa e nor f ^'f'"? ^""^er on h ThTs^Dpr ^Vt"".- '^^' W^< 
Yeoman, haTrSelVr ' ^"°^^ ^'•*'»* '^o^n RochSter/ v"'^"'" ««'*'•' t''"' 

„ ,, ^•''1°"'') DONALD McGEEGOE. 

rSigned,) JOHN CHITTr, J.p. 

DISTMCT OF Dalhobsie, 1 TAMES SK-^^ 

ed with tl: CleUy Lo, il'^T™' ■»°^=* »^^^^ '°'"""* 

know, nor does he believe ilZ Tu J^'' deponent further Bavl^tZl u /^''"'g 
c , ■ — (Signed,) J. SKEAD 

(Signed,) JOHN CHITTY, J.p. 

D No. 36. 

the e£ ^-^ ^^^- -^ ever since, i„ the Poss^sal^^^^^j^Xt SS^ 





Sept7„Ir,l845"'' '' ''^*^""' ^" ««'^ ^'«^-' ^^ DaIhousio7this 19th7ay of 

Commissioner for taking Affidavits, 

in the Queen's Hencli, Dalhousie District 


No 37. 

to wit- "' |C'^^.P^^^^,^AUGH, of Bytown, maketfc 
and Broker fo" N. Sparks Wds o^ '^d^'^ ' '^^* ¥ « -d Ls bien Se J 
frequent opportunitie^s of kS much ofVr " t\""« \ '°"?' of business had 
his locality on Lot number 39 3 Jh « ?. t ; *^°'"' Rochester's affairs respectinjj 
pean, in the County of clrfeton a^d f^om 5" ^'""' T '^' fi--^* Concession of Xe? 
«aid John Rochester, (and som; years bTokfr'"*' f '° ^? '^t P°«««««'«" of the 
hedidonceifnotoftenerwrirtoLmfll ^ ^T^T '^'*^' t^^t by his request 
Timber Office in ToroTor the^^^Tn^o; dJ^.^^^^ ^'*h the Crown 

property, and to know whW he might expect a S^^^ '''^'''^S the said 

ther information how he was to Drofpp/rrfiPu^^^?'' *^^ ^^'"^' ""^ for fur- 
ncnt saith, that he knew of N Snaiks^ iVnU' ^'l T^ ' ""^ furthermore, depo: 
aaid broken front by the alono permls on of tSri"-^ taken stone frequently off L 
never knew of any other nerson nr «« T '^°''° Rochester, and deponent 

property off said J o brok^ront w^thZ^ "^'^ ^^ .''u^°'^ °' *° *«^« «"3^ 
ter, but has lately heard that a ohn hnTb ^^"^'''T ''f *^^ ««'^ John Roches- 
of his just claim^yp Lotion and hat'"^^^^^ «aid Rochester 

organ in this unprincipled tmnsaVtron '°''^ McLachlin is the officiating 


Sworn before me, at Bytown, in said District, this 26th day of September, 1845 


Commissioner for taking Affidavits, 
Q.B., Dalhousie District 


No. 38. 

^o. D..HOi;s.,| FREDERICK SPARKS, of Bytown, Foreman 
That he has been in the eriploy of said rlnarS'Jr"'' ^^^^keth 'oath, ^nd saith" 
that a number of years since, John Rochester d^ ''\^^ ^T''' ^"^ understood 
interest and claim to Lot number 39 and tte btkPn"f"r ^'T J^"^'' ^"'^^ his 
of Nepean, in the County of Carleton and has «MI1 • °°* ?" *^" ^''^ Concession 
that the said John Rochester wasihe onlv nerLn " '"""' ^^^ P""°^ considered 
furthermore, deponent saith, that at numo?- /^ Possession of the same; and 
to ask permission from th 7ai 1 John Rochester ^0'^ T .^T'"^ ^>^ ^^« '^P^^y^' 
same, and did often get permission and at oti..' '^"^ *''"^'' ""*^ ^^^"o if the 
Chester was careful the ground should not bo too \T /'^"'^^' «^ ^^^ ^^^d Ro- 
furthermore saith, that until latdy he never hear^? ^'"'^'" ^"*" ' '^"^ ^^^Ponent 
for the same; and deponent furthermore saith tt.f '"^ Pe^^on putting in a%laim 
plover did hp a»'- nf^rr- • "-"^nyre saitn, that never for himop'f '^r k;= -.-.- 
p yer aid he a.. peru..3ioa for any privilege there but from the said John r" 

District of 

to \ 

or early in 1 

-'Ir. Isaac Fi 

sion of Nepc 


Ina 19th day of 



Ifaousie District. 

town, maketh 
las been Clerk 
3f business had 
Fairs respecting 
icession of Xe- 
Jssession of the 
by his request 
ith the Crown 
Jting the said 
; and for fur- 
lermore, depo- 
uently off the 
1 and deponent 
3r to take any 
John Roches- 
said Rochester 
the officiating. 


tember, 1845. 

lusie District. 

Sworn before nm nf t> x . . ' 

Septcnber, 18,.. ^^ ^^^-"^ - -id District of Dalhousie, tlus 26th day of 

(«isncd,) CHARLES T. BAINES 

ComDu«sioucr for taking Affidavits, 

'tJ'"., Dalhousie District. 


IVo '^O 

BiSTiucT OF Dalhousie, ) nERSOVATT 

of £60 currencT .n^n '"'"''^'■''^"Sl'thio riXanTtiM. !? ^'^^^^'^rd'^ under- 
permission from th^^-?'/?"'^?'^ A.rthermore «d h "inM o ' *f>°,«»™«for thesum 
ind to DenonJml . '^,"''," ^^^^'^oster to take Tim Ir o r J."' "'^^'^ ^"^ '•«««ived 
unhesitath|i;"dccl r ;"h:'"'"%^'"-- «^- others obtaininl'^^^'Tl ^[.^^" ^^^o"*, 
the same Brdcen lA^V/ "''"^'^^f'^^^ ^'^ was the only Pei^L t • ° ^'^''''•^' «"^^ 
person did pre ul /o7 ' ?,' '¥ ^^^ponent ever heL 3 I fV"".''"'"'''^^''' °^ 
and known bvthTn! ^''^^ {^ ^^''^^'^ «'«'"m on the sal ^"f U''^'^^ *''*' ''^"y o'^er 
t*/ the name of Rochester's Lot. ' ""' '' '^^' generally called 

^ (Signed,) JotiN BURJ^S 

Se^i^te- - Bytown, in the said D.... .. ,,,,„,^ ,,^ ^^^^ ^^^^ 


Commissioner for taking Affidavits 
. ^'" Q--'« ^-cl, DalbotrDistrict. 



No. 40. 


No. 41. 

0-36, he was reouc^ff^r] !u- ^r.. t \ -^V'^'/aiem the fall of the voir lo-^'c 
irtl,'. .-nf^..^... i r^""^'.^^ -'^^- John Rochester rvv].. ^„;l\K.^^'^^"°•'5» 

or early in 1 R-iV J -^ ^'''^^' ^nd saith : That lato in f K f ';TT^.®^*^''' "^"^^eth 

'"''V in ib.iG, he was reouc^ff^r] !u- ^r.. t \ -^V'^'/aiem the fall of the voir lo-^'c 

!.. I-.' 


the .aid Fr„„ci, I „ ,t H 1™!/.. "!'•."'' ''" ""o ■'•■"'' John did p„y 

ofF the .siicl lot ml Broken Vont' n i l' " *'\" '^T ^'''''' «^' ^'"•^^'-'^ «"J Stone 

Deponent furthemoc .a Z "^ "1« to the said lot or Broken front, but 

lately that M DanTel M ll b'n? 1^ ^ '^"^^^f^"^^"* ""^ astonishment he heard 
the said John Koehostor nul ? 'n ^y^'^'W^'^' P"* "» a claim in opposition to 
connected wihtMst.^ ;ei^l knowledge of all the circumstances 

McLuughlil'l claim ir?:S"d'r^^^^^^^^^^^^^ 

receive any notice from in.purtial an/u^nyirnl ' "''"''' '"^ '"»^* "°* *" 


bcf L°'L'*:°oTo„"'L57sir''° ''"""°' "^"""■""'■'' "- ^'o ""x of oco- 

(Signed,) E. BILLINGS, 
A Commissioner for taking Affidavits in the 

Queen's Bench, in the Dalhousic District, 

No. 42. 

8 years, and is aware of Mr Tnhn if I ' . "^ ''• ^ '■''''^^"* ^^ ^^t^^^'" tl>ese last 
the Broken IVon in tt first Con. J!^^^ '" possession of Lot No. 39, and 

saith, that to 1^0 vn L d^e SZ:^^^^^^^ this Deponent furthermore 

John Kochcstcr to tak^t^mtr nl,n^ iml viduals got permission from the said 

ship over said lot ?«d Broken Fmn. '° l ""TI "" ""^ '^ '"™"' ''^"^^ '^ "«« «^^"«'- 
made holes and done the hnd n^ ". '""'' 7."!?'^'"'^^ heavily on some who 

furthermore saith t^a^e is well Zm^-r''-;, '^ ^"V"^*'-"^^'«"« ^ and Deponent 

a house on said BS:„l';o;\!";Tira;riirM'"'^^ 


pone urannol Sicct ttid, ,nn iT'lf I""-; <I""ars or four pounds. De- 

undcrstood or ,o" W' a^^^^^^ ""'' '"'■">'=""<>■■«. Deponent saith, that he ievcr 

B.0,.. i,wt „„ti/a4rrt;sr,.:d srAlr^f.-s^Ktrr''' '°' - 


the latter i 
^o. 39, wi 
County of 
he Was pres 
*o erecc a s 


cheater did pay 
t of Deponent's 

he niin;ht have 
lission from the 
nber and Stone 
Bytown, to get 
ponent further- 
Isaac Firth, he 
overnment ex- 
ken front, but 
iment he heard 
n opposition to 

the said Daniel 
d ought not to 


I day of Octo- 

h . 

its in the 
3usic District. 

•Sworn hcfore mn at V,yt 

wvn, In said Distrirf iU;^ An i „^ 

Commissioner for talcin.. a« .S •' ., 

• ^^"*^«" '^ ^^'"^^ J >aIhousic District. 

IVo 4*1 

District of Dauiohsik, ) TOITY Pm.r r ' 

r-Fi:i5^,ttho had ^n ?^^^-^yo^iSr' ""'^'f' -^'' -'^ 

•in tl.e first Conce sio o f ll '^ '" ^"''^ '"''^''^^ '» J^o ^o 3'>' ^^^"^ '"p '''^^^^ ^'^^ ^^••• 
»nore saith. i}.^^^^,^^?' ^- ^r- John KoJ^iJ''^^^^^^'-^^^^ l'''-0"t 

- the fii^t C^;; in ^"^ ^'^ ^'- interest in ^J^ '^l! ' V^ '"^''T'^ ^'^^ ^^••• 

»nore saith. that Mr D.^.M^'Sr' '' ^^'- 'T"!'" iJochester •'.; ] '° ^'"'^"''] ^''<"'^ 

said Deponcnt/th't I.o'r '^^ ^'^"ffl''i". often in e(^u8c ^f p n ^^''•""' '•"•^''«''- 

to burn Jime for ;. n °^ I^^"»'««'<'u fr„rn John IW nl/. ''"''^''"" '^^^ ''•'"» 

pieces of t;;£:;:^,^---:^thathe had p;:;S^ 


to bum lime f',. u ' ° l'™"«s">" fnm, ,I„i,„ IW ° , " , """I*""™ 'oU Mm 

to bo Roo„?,.er.To„ir ""^ ""^' ™^ "'^ "-- ""« docs'-ow'SiliCer 
And Deponent furthermore silfh fl f , , 

when he heard ^h t'S^lfe^'fr^''^^'^^^''^'- «^^^^^^^ TT 

nght said Daniel McI .^ 1/ ""''^'" '^''^^ «^>o"t to lav daim to -Z , r'''''"^^'^' 

'oss to coniect, rn '^^""t S^'^j^ pretends to the same vn J^n '*•' ""''' ^''^^ what 

_(S,g„ed,) jonx PEKKi,vs 

(Signed,) . CHARLES T. BAINES 

Commissioner for taking Affidavits, ' 
Q-B., liathurst District. 




n No. 44. 

DrsmrcT OP Da,hou«„, I joiIxV ROCIIFSTFR f v 

>e was prescm, and did knorofhSflfhi?'''!"'"''' ''''"''' """ "' H'o fell' of isi? 

'» -„ a .,.d, i.„„ „„„,, o„";,lr,:ti^^s;lC7;";l,rc^r■^^*^^^^^^^^^ 

'onr, toi the consideration of five 


Bcponent ro,,iio;i, I si;;;;!,,, hopc^^,tt'ut'.ro t1n;\:;'to; ;;""" v'^"^ •%""•- 

ceure, and said, you havtwrnw (lo„c as I .-. ^ V .^ ^f'""''"' '"^^ L^^'"- 

good will oftl.c house) to Xcn^^u/V . ll'^'^'"" °^' ^'"^'^"'"ff «cllin<.hi« 
not hare done so if th4L 1 utn* . n ." r 'T^:/ '^"^ «'"J *i« ^>"'»I^I 

themore saith, that he kL v of tl e dd T\7 "' '"''^ "^'^^ ''' ^^^P«"«"t. fur- 
or part payment of Id/ront am «•»' Liuluccurc to work for his fa her in lieu 

-iL iz ^hor z t^:tt :^ Shir S'sf '-' ''''' ^-•^"-"- 


Sworn before „,c, at Bytown, in said ^.triot, the 9th day of October, 1845 


Commissioner fur taking Affidavits,' 

Dalhousio District. 




SS^n C^^iS? L^^''f .^^*-"' '•" ^^'0 -id District 
Bccember, Jne thoutn^ei^rhu ^^ ' nTd^;'' ' '''' «" j'- eighth da7of 
place aforesaid, Gentleman rmnlnvl I d^^^^ 7^ thu'ty-scven, one Isaac Firth of the 
then E^ceellency, Sr^ i" b' I "K /^^^ ^^^f^""^.^* *" ^^""'^^ ^'"* ""^^ P«fition I is 
No. 39, and E^en itnt, i^he la d Lot t thJ T^"' '?"^ J"^^'^ '^^^"^'^ ^- ^o a Clergy Lot. This Denon'^n furf I w^r . .. """I"'^'? ""l ^^P^""^"' t^'^ ^^'»o 
niitted to Tho'mas Baines, ofToroiVto t onfc 'to V ''' 'i''' *'' ^'^^"'"" ^^''"^^ *--'«■ 
]ency, and «lso at the same thner were en o^Id rT""^ S' '"'"'' *° "'« ^^^^^J- 
fitrengthen the title of the said Firt rto tli^sa ^ ' •'" ^.^'T'''''' '" ^'^^' to 
from Col. Burke, to the effect tlfa hela Isr c ST] 'w'"^'"," ^ ^^"'fi«^^« 
had been put into possession by the late E rl of n. h ^'^""^ .""^^T''^ possession, or 
ter was also forwarded at the same peHod from f^ !J' ^'"'^'^ " ^«P^ ^^ '-^ ^^t" 

allowmg Mr. Firth to take possSion and uTool 1 ^''''^r^ '^*' **'« ^'-^^^^ ^^'^'-'^ 
n^emor d„„, «„a ,o,cumenls e::rning'th;:i:rtfti:rme"''^ "^^^^'°^''- 
sonTt stTrr3y;;t^ K:.^^- 7^--^^^ -^-."^Id empWed per- 
Petitipn or said papers She tndnd ha l""' T*.'"^ ^^'■^^'^^^^^^ ^^^^e S 
the said Thomas Baines, that thcrme Tu t l?avoT,o 1'^ ''T'?'^ '" «"«^ver from 
and that he Las freauently search^JIrXU'^: t^iZfet t' '"" ""^''^''' 


Sworn before me, at Bytown, in said Strict, this .th day of October, 1845. 

(feigned,) E. BILLIXGS, 

A Commissioner m the Court of Queen's Bench, 

In the Dalhousie District, 

For taking affidavits. 


As rcgardi 
■■Ucmorial of 
proceedings i 

The lot, by 
Rochester, wi 
advanced by t 
cheater be alio 
regulations, u| 


w tlic fliiid La- 
I 'lim if it Has 
Hid told Depo- 

trick?" when 
nt met Ladu- 
""n(j selling \m 

said he would 
Ke{)oncnt I'ur- 

fathcr in lieu 
ith Laduceurc 


)bcr, 1845. 


ausio District. 

aid District, 
ghth day of 
J^'irth of the 
Petition His 
sued for Lot 
ixn, the same 
1 was trans- 
Jlis Excel- 
in order to 
a certificate 
^session, or 
>Py of a let- 
le said Ear}, 
everal other 

;'Ioyed per- 
of the said 
nswer from 
en niislaidj 



TSo. 4G. 

^OW nil -l-lU, flO, 

., ^epnan, Zmj^ '^TJoToT' '\'V' '^"'"^ ^--'-tcr of the T , • . 
C'inada. of the one part- Z n ' T^ ^.^'^^'''^^ "' Uatin rst of ?. 1^°?'"^ ^^ 

W'tnosseth that the^a ]' j ." / f'V^r"''"^'' ^'' '^' «'""e 1 ce of ° i?'r'"«" "^ 
hcreinatormpnfJr.n^i 1 ■ " ^vochestcr, ibr tli». n..,, • i'.' "' '"^ other part ; 

chain in depth "rSi'-'Tnor/"^ ''' ^""^'' '' ''« - «^^ "'in Iw i""' '^'^ "?'" *''" 
'nonc'-ngat the Nort " ' ''^^""'^^'^•^'"" ^f" -N^- c-in ^m ^T^ on the broken 

to the place of be' , ."in,, i '^'''""' '"^^ ^'^'^t; thence N F rr- ov ' ^^ ^'«t«nco 

year, until suclft me :^^,'"!" "" t^'o Ist^dayoKn. '/'''" ''"''''"^'^ on the 
«aid Ozias 1 an. „" 1" ,? "^'^.^ "^ '''^' ^^''all he peXted nn,?"" r'"' '"f '^ '^"^' ^^ery 
stood, that uZ ufdTf I ' :• '''''"•^' •'"'^''" JiocIesteT and I o • ' '"T^ "^^'- *« t^^« 
of sale, the furtl^ " u,l !'.';,^""^' ^' Perfecting and ,Telive v of f"'';''^V»«'-« ""dcr- 

he paid down, be n. the cornM '^■^'^■'''"""^"' o""-o ro7canS; tt '" ^«^»^'" 
lot, and the yearl^rent nf n '''■'''"^" '"'^"^^^ i" fuU iron, the th ' ^^-^^^rency.^ 

^, And it is f^rthe^r t^:^::::t ^:? ^'>^"^^»- toXn'^e^Je^orS' '^^ '''' 

^ in witness whereof fhno -1 • . » -Joent or 

Indenture being d u' d n tlo ^'""''A' ''^^<^ ^''''^^^^ «ct their Innd, „ 1 , 
on the d IV of n / ^.*'"' ^"« thousand ei-ht h, nfl, , ?"'^ '^"^«' ^^is 

^ «f O'^tober, m presence of the ulrderlS '"'^ '"'^-^"«' ^"^ 
^«-gned.) OZLISBaWiNG, rp S T 

Witnessc3.-(Signed,) c. WAUGir'''' ''^^"^^^^I^' LX.S.J 


No. 47. 

Crowx Land Depautment. 
As regards Lot No. 39 in 1st Cnnm. ' J^^^'^^'^'^h 12th I'ebruary, 1846 

Rochester wiVh in „ '"pecnon, is reported to ho In ih^ 

=-»..o.. upon p.„„, ,,„, ..,„, ,„^^ r °„^o p" ti„r^f IL"J^S.'''(l'Sr 




'■I .i 

H .! 

«ytown. I would sujri'st timt it l.n n(fJ.?i ' • ' "•' " »'"'«>cdiatoly ttdjoins 

j»«r ncrc. with the except o one o. w, 1; ""'''""' V^'' "''■^'^' P^'«" "^ '»0«. 
letter of 22nd uJtimo, L.„ tl.oTwi of Vorks '"^"'^'^ '"^ ^'"''''^ '""•'•-««' ^y 

'>y them. ^ ^^"' "*^ re(ii.ircd to pay tor the quantity reserved 

(Signed,) T. JiOUTIIILLlKU. 

No. 48. 

«»oment. . i^xcciiency in Councd at the earliest convenient 

I have the honor to be, Sir, 

Your most obedient Servant, 

To ,l,e Clerk of ,1. Kxocu.iv. Council, Mo„S""''' ^^ ''• ^'"'O^"- 

B< i 

»".I Co,„™„dor of Her Maj.,,., >^Z:'^ m^^lZ^'j^^ 
TI,o Mcnorial of ,l,o Rev. S. S. Stmn^, ^*"' ^"™"' 

Reft'"' ^>n ,E^'=«"«"''y'^ Memorialist, in the yo.r 1837 ""'"'' ^"r"'""-' 
Rectory of IJytown, with the sanction ol' the iZZT I ? ' ''"'''' •'^PP"'"tcd to the 
of Upper Canada, Sir Francis IJonriread J] u-onct ' '""'' '^''''*^ ^''^''"'' 

<^4^^I::.^t:^^^^^ - appointed, there was J 

be made in the above mentioned oTbctt^ rcZrH'? '7 '^''' '''^ ^''■^"^^ «'>«"''' 
as Lot No. 17 appeared to be lea cd nnd V aI''* '^^".^"'^^^^^^^^^^^ 
that Lot No 39, first Concession oTNe^cn^ OtZ-o f '"r^'^V *^'-^^"^-^' P^'^yed 
It, the Scotch Church having been cndowed'wk '>no '""'' ""^'\'. ^^^ ^^"l^^titu ted for ' 
That on a visit of the late T ',ouJ Tn '''"'''' ''l"""^ "'^•'»'" the Town. , 

a short time afterwardtl^i'^rM^^^^^^^^^ S'r George Arthur, to By town ' 

of the Church of England in coZlt ofits F^^^^^^^^^ ^ ^-^''"^ion 

, . .-L or U3 i.ndowiijcnt having been withheld! 



South pftrt ( J4 

' Ottawa, Ih nlooa 
.') acres improved 
nd .Fnlin Rochcs- 
medifttoly adjoins 
pset price of" 40«. 
il)lic purposes, by 

th the Ordnance 
luantity reserved 


l>ruary, I84G. 
^iifo, Ac, which 
■licsfc convenient 


>lo the Earl of 

"oe of Canada, 

orth America, 



pointed to the 
f tlic Province 

fl, there was a 

Reports of the 

in tlie Town- 

m the Clcrgv | 
chano;c shouh'l i 
iiry, inasniiicli i 
•cfore, prayed 
'ubstitu ted fol- 
iar the Town, j 
V, to By town I 
he destitution 
•een withheld j 

't W'll bo Hccn l.v the su;,] . * 

''^'mt it will I \. I "^■■■'I'ouucnco, copies ol 

chan-o the a n?x, i " ««'""'gc for Lot Xo 17 ^^I " ^''""^' ^^''"■'''' ^our 

^ 18 informed, for 25 acres o^r • t ,"'^''*'^'' "'"s exehanml as Ym.r M • V 
tnaowmcnt, wore .nado in Co, c ,, ,1^„ tl'l " • ^TT ^'™'>™««t iXcaS," 

T»n,fe„ca to the C..ow„ L„„a Office. 7.,, iUr„„„ ,340. 

^ (Signed,) E. PARANT. 

iNDonsEu.—Ecad in Council iRthv i 
t.t,on. ^-"-^ iSth I cbruary, 184G.- Vule John Rochcater's Pe- 

CnowN Lands Depaktment 

''*™' '" " "' ="- "'■ "■" i'ono-Wc .,,0 Executive Cou,:r "' "''^- 

% Command. 

(^'S"^^>) D. B. PAPINEAU. 





If If- 

No. 4i). 

Crown Land Department, 

Montreal, 12th February, 1846. 
As regards Lot No. 18, in first Concession of Gloucester, reference is requested to 
the Petition of AVni. Hopkins and the Order in Council of the 18th of November 
last, under which Order a. sale of the Lot has been made. 

No. 17 was in Hkc manner described as a Glebe, together with No. 18, and stayed 
by the Attorney General ; and the Department is not aware that an exchange for 
No. 39, in the_ first Concession of Nepean, had been authorized, as stated by the 
Reverend Petitioner, with regard to which Lot reference is requested to the accom- 
panying application of John Hochester, with report thereon, of this date, No. 54. 

(Signed,) T. BOUTHILLIER. 

No. 50. 

Extract from a Report of a Committee of the Honorable the Executive Council, 

dated 17th February, 1846, approved by His Excellency the Administrator 

of the Government, in Council, on the 18th of the same' month. 

On the respective Petitions of John Rochester, claiming the right of pre-emption 

of Lots No. 39, in the 1st nnd Broken Front Concessions, in the Township of 

Nepean, Clergy Reserves, of which he is in occupation, with 30 acres improved : 

and ^ 

The Reverend S. S. Strongs of Bytown, that the Glebe Lots, Nos. 17 and 18, 
m the 1st Concession, Ottawa Front, in the Township of Gloucester, and Lot No. 
39, in the 1st Concession of the Towushiji of Nepean, may be stayed, until the 
pleasure of Pier Majesty can be ascertained on the subject. 

The Committee recommend that John Rochester be allowed to purchase, under 
the present regulations, Clergy Reserve Lot No. 39, (with the exception of what 
has been taken by the Board of Ordnance) upon payment of the back rent, 
smce 1823, and that Crown Land of an equal value to the quantity taken by the 
Ordnance^ be set apart and sold on account of the Clergy Fund. Further, that the 
Broken Front be also sold to John Rochester, at the valuation of 403. per acre, 
accortiing to the^ 25th Section of the Land Act ; and lastly, that if any vacant 
Crown Land exists in the neighborhood of Bytown, (excepting Lot letter O) a 
free grant of ten acres thereof be made to the Episcopal Church of Bytown, if 
desirable, for the erection of a New Church, Parsonage House, Burial Ground, &c. 


m ,, ^ . . ,^ ^ , (Signed,) E. PARANT. 

lo the Commissioner of Crown Lands. 

No. 51. 

Bytown, (Canada West), March 24, 1846. 
To the Honorable the Commissioner of Crown Lands. 

The Petition of Daniel ^McLachun, of Bytown, Yeoman ; 

3iIosT KEsrEcTrLL,t,y Sheweth: 
That your Petitioner has heard, with surprise, that it is in contemplation to grant 

to John ] 
That II 
the broke 
a'lity a lot 
squatter c 

That y 
the paltry 
sence of r 
Ten poun 

That y( 
your Hon 

That yc 
the broke; 
in law or ( 

withheld f 
more parti 

And yoi 

In addit 
on his part; 
nation fell 
previona to 

That yoi 
this Petitio 

And as, 
To Hon( 

Council, wi 
Petition of 
warded on i 

Vide Min 

Sir,— I be 
Durie, the ( 

lary, 1846. 

3 requested to 
)f November 

8, and stayed 
exchange for 
3tated by the 
the accom- 
;e, No. 54. 


;ive Council, 

rownship of 
s improved ; 

. 17 and 18, 
md Lot No. 
d, until the 

:hase, under 
ion of what 
3 back rent, 
aken by tho 
her, that the 
'3. per acre, 

any vacant 
letter O) a 

Bytown, it' 
around, &c. 



the paVsu Jot av^™,'" 'f ''■''■ ""'■'■■»'?'»' ="<! lo'» »re about to be gmnte J fw 


And your Petitioner, as in duty bound, will ever pray. 

(Signedj) DANIEL U^JjACHLW, 

In addition to the above, your Petitioner would most respectfully ififortti' vour 
Honorable Department, that he was returned by Messrs. Chitty Sd KoTerKs 
occupant of said broken front, but finding the period of limitSfcrwaf too short 
on his part, he withdrew his claim of pre-emption, but as your PeSer^s occu 
pation fell short by only a few months,' he respectfully callfthe a^tteSfof you; 
prevT4t Sr ''' '"' '' "°°*'^" person^aving'occupied said brXn S 

*»,-^^^V^°"''f ''*'^'*'°®'' """^ ''^^^^^^ *^® ™°s' satisfactory evidence of the truth of 
this Petition by numerous credible witnesses. 

And as, &c., &c., &c. 

^ „ ^, ^ „ (Signed,) DANIEL McLACHLIN. 

io Honorable Denis B. Papinbau, &c., &c., «S;c. 

Crown Land Office, March 30, 1846. 
Transmitted for the consideration of a' Committee of the Honorable Executive 
Uuncl, with reference to a report from this Office, of the I2th ultimo, on the 
1 etition of John Rochester, and also the Memorial of the Rev. S. Stronff for- 
warded on the 23d iiist. •^""ug, lor 

(Signed,) T. BOIJlHlLLIiJR. 
RoSestw*""*^' n-lSFebruary, 1846. 20-22 June, 1846, on the Petition of John 

I i 



24, 1846. 

;wETH : 
;ion to grant 

No. 52 


Sir,--! beg leave to state that about the middle of September last, I offered Mr. 
ume, the Crown Land Agent here, fifteen pounds an acre for the Broken Lot. 


templ.tion to «ll the said lot foTtwo Znd»'»„ . Govemment have it in con- 
offer has been trammited from tC^Cju"' , I rannot conceive that my 

«.. be proper for r;S;1Settftc'r^ree';e°F„ntt""r 
sacrificed without brintrinff the niattPr iinrwft,!^ ^ y'}? ^^® *^^8 I^o* so 

inisaioner j and I hope thl wSl bea I.Zt ?^ T*'''^"^ *^^ ^^°^° I^^nda Corn- 
time to beVto say tTat my S of £15 T' tj^^ my letter,-at the same 
the Government. ^ ^^"^ ""^'^ '" «^^" 0P«?n f<^r the acceptance of 

(Signed,) LYMAN PERKINS. . 

B. B. Papineau, Esq., Bytown, 27th March, 1846. 

Commissioner of Crown Lands, Montreal. 

" " Hi] 

No. 53. 

oo^JStfnrtletr^ fet£fX?^t'n.'vt."? «'*'''^5;^= ™^-n 
npon pretexts not quite justifiable. "ypimon, been too long put off 

I am, dear Sir, yours truly, 
T. BouTH,LLiEK, Esquire. ^^^^"'^'^ ^^^^ ^' GOWAN, 

' ) 


No. 54. 

Chown Lands Department, 

By Order in Council of the I8fh V.h , 5''"*'*''''' ^^""^ ^^^^ ^^46. 

purchase Clergy Reserve Lt No 39 tT^ i?'*' .^^' P^^^'^^^^'' ^^ Permitted to 
But the Depaffment hL sXend;dL?h7r!^f^''°*'^° *^^' Township^of Nepean^ 
the Petition of the Rev. m7S/ sent Vn r'''' V^'^ P'^'' '" consequence of 
the proceedings in the LcgisIa&ssSl^'on^^^^ '''^ ^-^^ ^-^^ -d 

jit'hS:^"if,i^^^^ .^;:b;ictSf ;'ar?;?i '^" t^^t *° ^^^« -'« ^- ^- 

Mr. Rochester. oojection to carrying out the sale ordered in favor of 

rSigned,) T. BOUTHILLIER. 


•make a note of 
have it in con- 
iceive that my 
or not it would 
ee this Lot so 
'n Lands Com- 
'» — at the sanre 
! acceptance of 

larch, 1846. 

^aj, 1846. 

f Lot No. 39, 
ter, when you 
t my applica- 

ay be made in 
long put ofF 



(Signed,) E. PARENT. 

To the Right Honorablo Charles Murray', Earl Cathcart C 

neral of Canada, Sc! &c l^n * ^o^ernor Ge- 
The Petition of Joh. Rochks... .f \^TtI C' 
m, ^ -i^epean, leoman; 

Aliat for the ten years Inst nasf I,o », i • "umbly Sheweth: 

past he has been m the occupation and undisturbed 



26 feet; also a good frame house 20 bv 9S j^ ^^°''''" * S"^'^ «^o°e house, 30 by 

offices, and that he haa cleared abou fnlfl nl ^ '^^''"'' "" ^""S stable and other some time ugortheHoLnble^?^^^^ the said Lot That he made 
allowed to purchase the said lot an,] t hn i i ^''^^^'^^^'^^ Council, praying to be 
this application was granted at the va^uatLtnf f^^^ '^^^^^^^"'^ '^' ^^taJia.^ That 
*h« ^T ?'!'?'°"«^ ^«« "°«^ been infor^TthnV ' ^"'P'*^*°'"^ °^ ^^^'SY Reseryes 
the order i« his favor has hee« re"c nded an,! .S '. u" ? ^-^^^onsideration of the case 
auction Should this last orderVe canted f. to ff'.'' '"'' 'V ^' ^°'^ -' P»b Uc 
jnost, if not altogether, totally ruined nnri «^n i^^'' ' ^''''^ Petitioner will be al- 
Jabor hesides thit the arranX„Sr 1 L °'' '^' ^™^* '^^ "^"^ years' hard 
«^i ^'^^^^e^ ^P» and he hi^elf comDelled „J ' ^"PP°^«^ himself and family 
some oth^ mode of subsistence roTS- ^" ^'^^'^'^ced period of life, to seeJ 

tl ">r*^°°'^'. ^'^ ^'^^ ««^''>ed hope^at he°f '^'^ "^"^.^ *^^ improyem'ents be- 
land wheneyer it might be for sale would hi • ""^ ^'W^^'S^ "^ purchasing the- 
iained who haye occupied and impriyed ri^rl ^p'° *° ^'"^ ^^«* "^hers hay^c ob' 
ces. He now humbl/throws Sd^t^U^^ ^'''^T' ""^^er similar circumstan- 
Honorable Council, ind prays tTat he ' I ""! u^ °^ y^"'' ^'^ceUoncy anTyour 
.trous consequences to which he will be sS 7\ K'^P'^i^^ ^^ ^^^"^e^ the d^as- 
;mproyed shall he sold at pubhc auction K-'T^fu^' '^ ^^^ ^^^^ he has occupied and 
.case to be re^considered, Snd o S th.A "^'t' ^?r Excellency will Se"h"s 
yaluat^on, the said Lot Vp. 39 i^tt itco^^^^^^^^^^^^^^ *° P"-^-^^ «t ^fai 

And your Petitioner will eyer pray. *^"^''''°" °^ ^^P^^^- 

Montreal, 24th June, 1846. ^^'""'^'^ *^^^^ ROCHESTER. 

J, . ^o. 57. 

^iXtract of a Rpnnrf «f „ n 

Council, dati IrM^Ts?/ al"" ^T""" «>« I^-™"- 

STetf k?"-?'"^^^^^^^^^ be «.eo„,aered, and .ha. 

nie first Concession of the Townsiiin nfK *''® Allergy Eeserve Lot No. 39 in 

been m occupation for the last tenLl fndTad.?"'"* ^^•°"*' «^ -hicli he h 
The Committee were not informL f 1 ™^^«J«''ge improyements. 

first Conf '^^""7? ""'^ therefore they recommpnrl ?;:?./""' ^""'^ ''''' submitted 
nrst Concession which was ordered lo hi mT*^' ^^""^ that part of Lot 39 in iho 
oner at the valuation of the I)ltrict A.'nT^ ^^ Public auction, be sold to Petit 
»n the .aid minute, are paid nn T. f " ' '° '^'^'^ ^s the arrears of rent ir «fo !^ 
prop- 1, when th'e su^rv'^i^Slad''^ '"'^'* ^^°"' '^ ^^ disposed o?a! ^mily' 


(Signed,) Wm. PL LEE. 




the fi 


has h 



to a ^ 



the re 

it doci 


tlie pre 
years t 


T. B 



Sir,— I 

the above 

one acre e 

You wi] 

proceed tc 

of four chi 

It, in penci 

already laic 

with a licf 

jected plan 

been survey 
the division 

Ottawa front, in 
one house, 30 by 
h 18 in successful 

stabJe and other 
. _ That he made 
oil, praying to be 
le Ottawa. That 
Clergy Reserves; 
vtion of the case, 
be sold at public 
tioner will be al- 
nany years' hard 
nself and family 
i of life, to seek 
oprovements be- 

purchasing the* 
others have ob- 
lilar circumstan- 
lloncy and your 
idure the disas- 
18 occupied and 
'■ will cause his 
■chase, at a fair 


le Executi/e 
cellency the 

ered, and that 
ot No. 39, in 
which he has 


■aa submitted 
^ot 39 in the 
>ld to Petiti- 
ent as stated 
as formerly 

fl. LEE. 


■Sir,-I have now thp I, ^^^""'"'"^ ^^^trict Agency T^.i t , 
the valuation of Lot 5S • "7 ^" "^P*^ to your letter nffT « u "^"'^^^ ^^^e. 
Beserve. ^°' ^9 m the first Concession otwatro'f T'""'' ^^^^-^'"^ 

On goinrr over th. i . , ' ^^pean, a Clerg^ 

upon the valueTwS ^^'- \^'''^ ^ ^^^^med advisable b f 

the soil generallf to be o.'?^- V^«.^"«P««tors I ?. und^f':: """^'T"^ «" °P"»'on 
upon it Jonsistin^ o? aU"' '^Vo lo" ^''^ ^^^ "-% ^^^^^^ V^'^y ^^' 

has been cleared ami ;«,V> ^ ^ 30 acres, is to befm,,,,! ^ -^l- , ^^'^ cultivation 

between it and the b oTen'f'^'.'^'"^^/ '" ^'•^«*^- J S2 .'" ■'' ^'^1^"' ^^^^ha 

ance. The residue or rear ^^^'c''^^ * ^'''' «" the ^eafor 4n. f.!" -T"^ ^^'^'> ^""^ 

to a great part of the S ^""u °^ *^« ^«t improved is «wnmn ^°"*\«i^' «f the clear- 

then, you will reUrk ^h"l -'^"^ ^««" takeJoff anH^tP^''^!"^ ^''^^> ^^^ng 

valuable from situS, ^ v'tL^r^ 'k'^ '^' ^^^X:^^ tlT^'^i ^'' 

the rear part can be considere v,l T.'' ^^J'^'"^ the main ro^d tr?T ^ ^^<^^OT>ca 

't does not seem to possess. ^^' "^"'''^^^ ^P-' ^om its CTs'fb^cuitirtiL"^*^!* 

I may also stifp ♦», * t , ''""ivation, which 

^ Apart however from th' f ^' """P-^cy. """'^ '» «'«»<! many 

X nave, A:c., &c., (fee. 




r No. 59. 

INSTnUCTIONS to Prov' • ] T 
You will, thereZ t ''°" '° ''"■'''"™ "■<■ -™" ' "'°' "'"'"''""S 

">= division ii,;er '"'' """'i' "- l'«l>rietors of these S SouTvT' f"^"!"^ 

i»v-»iuusiy to tracing 




fo4 f ^ ' 

I have, &c. 

Crown Lands Department, (S'S«ed,) T. BOUTHILLIER. 

Montreal, 15th July, 1346. 

To the Honorable Commissioner of Crown Lands, &o 

Co„e4sio«'A:Vo3r„"„^tK1r&lr^o:"r °7.*" ^•" ^o- 3», ^n 

beJ";rS,„t *a™stj:^/ "■""'«' "■» ^opHCo™ of *= adj„ini„g ,„.s, 

rbi""""?*" Soverntgb'„tfrto°of1l.eCr- "■'' '^"P', "' ^T"."t 
rect bearing of a stra ght line betwpp^f I. i- . , ''*^^^'<*"' and took the cor- 

on that boundary, ana%anthis'nZ7ar^^^^^^^^^ ^"' ^^^^ ^S'- -^ the ConcessTon 

^onc^^ffrufe^^ I procured the best evl- 

Jlepositions of three persons resSin^T T f T^,^"«"7 ^tood, having taken the 
'y, at the bank of the Kiver 2 fhi h i ^ P^"*^,"^ * «t^"« nionumentt according 
<lepositio„s I have nowVrocur d '^^^^^^.^^^ ^^ *he said lots 39 and 4r tE 
planted between lots 38 Ld 39 wa, al J i ^. T ^r^^"*'^ submitted. The post 
ever respecting it, neither by a re^urexa^-^^f'^ ''f\^'' "° evidence wKa- 
qmry, althou^o^h I applied to throTdert«^Hr ^ ^^. *'^« Premises, nor by in- 
searched fo, the nearest undisputed nol.!!! fn^ residents in the place I have 

Respecting the natural features of T nt \t on t 
greater part of it is nearly levdne^rtt ^''' ^?' ^ "^^"''^ ^^S to state that the 
vatedridge running almoVprrallZith ^^^^^^^^^^ ''■ ^.^ ''' ^hfre is a gently £ 
the Westerly side is anothe^.idgcr.7nSnrpa^ZlT'?K ^'T '"'^ "^^* *^« ^'v^^^ on 

S^Kto- :^v;- tgsj 'K?s.7 -isr t 
r; "" '"" "^ "'"'« "■» S-* ^'- 5 .^= bJ;: :::!re3 r:^;-^ 

l.«r: cSTplfa^d ow!''^ °'""^ ■^""■'^ '"* - ««"l growth of green Tim- 

I would also be"" to ntntn ti.o*- v 

» atatc that as d„-ccted, I have dmvn a plan of the lot on the 



one chain ii 
ceed with tJ 
of the stree 
duly numbe 

The streei 
edge one chj 

On compl, 
chains to an 
^ular lots, an 

and transmit 
your account 

e lot, is reserved 

1 Lot No. 39, in 
n, Id accordance 
■ting the follow- 

5 adjoining lots, 

Mc, in Septem- 
• 14. At that 
i took the cor- 
the Concession 

d the best evi- 
nag taken the 
ent, accordins^- 
»d 40. These 
3d. The post 
vidence what- 
es, nor by in- 
place. I have 
between Lots 
to all appear- 
can learn has 
boundary be- 
the true dis- 
8 and 39, and 
requires, and 
led the opera- 

Respectfully .„,,,,J7 ^°—^- 

I W the honor to be, Sir, 
^, ^ °"' ""^^^ °b«lient Servant, 

Bylown, 19th August, 1846. ^^'^"ed.) ROBERT BELL. 

Honorable Con,n,issioncr Crown Lands,"^ 


itate that the 
a gently elc- 
the River on 
ttle elevated, 
o{ the Lot is 
» the lot is a 
isterly across 

f green Tim • 

ic lot on the 

r . . iVo. 61 

Instructions to Prn»- • ■ r 

Broken Lot No 30 ii'r'' ^""T^y-"- Robert Bell ,„ . ,. ^- -. 
^.^ *'P0^Nepea:f^;'SS:^7;/;tl^tt-S! 

•^ne8trepf>» ni'o +^ I , •-"«; joia 

"nproveneats, with ftf^ '"/"""wis ol an ^^11 \'^^'"'"'^il'eirre. 

"u'y attested on oath. The Pay 


I have the honor to ho, Sir, 

Your most obedient Servant, 

Crown Land, Dap,rtn,.„. <*'="'''^ T. BQUTHILLIEK. 

Montreal, 2ith August, 1846v 

1 !1' ■ 

No. 62. 

si!. TV .1. , . BiTowK, 16th Scplember, 1846. 

.C"SLt;^rmj tTo';: rr" """ ° ™"" «""* »' ^^^-'^ «"" !■-. 

I have the honor to be, Sir, 

Your most obedient Servant, 

Honorable Co„n>is,ioner of Crown Land J"'""'^ ''''^^^^ ^^^^^ 


I ■ #^ 

No. 63. 

Di8TH.cTo.^I)ALHousiE,|pAAC FIRTH, of Bytown, i„ the said Distriet 

ponent, wttpossession^f Lo^NoTinTh'^^^^ 

Nepean, County of cTr"e?L fnd afor ' H S". " C°"««f' «« of the Township of 

Front, to John LX er Llor llTXlt . r'™°' J°«"K'=' '""> ""« B^^en 
been in po..,.on ol^r^Cr^r^netra^Srh^^o^fa 

(Signed,) ISAAC FIRTH. 

Sworn before me at Bytown, in said District, this 13th day of July, 1846. 


Commissioner for taking Affidavits, 

Dalhousie District. 

^,^1 r. 



ember, 1846. 

e survey of tlie 

n the TownsLip 

have prepared 

ving the build- 

Ivancea and re- 
to what I had 

edar and Pine, 


said District, 
it he, this De- 
Township of 
•ken Front of 
ken Front as 
ten or eleven 
our; that he 
the Broken 
lochester has 


Tu . . ^o. 64. 

xnia la to ccrfifv tlnf T 11 t 
jy privile^ea in Lot .\o 39 ancHff n" Rochester, of Nepean. i^ April 183fi nil 

(Signed,) ISAAC FIBTH. 

No. 65. 

With respect to the Broken Fronf ,V V ^^n^ubhc purposes, 

apphcat.on for it, and this i^Ition of H'^ " '^P''' *''"* ^'''^^ ^^^r made any 

read;, for ,a,J. ^Xt;? Clt h^Lf-^^ ^ "•« ^ot, will W 

of II..8 Lot, n» some part of hif raLovi^ °l "" '? ""'M^'ion In the dIpo,al 

^ftlr aA""" Co°.mittee respeolfulfy adJae YonrFS. n"''""'' '» ,P'')"h« f"ll value 
after the Agent has reported what that "Xe I ^'"^^''"'y^'^owhrn todoso, 

Eo^hS^ '"'» »'>™=. "■= Con,n.Utee den, a "^ .ain. of right on the part of Mr. 
Approved in Council same day. 

Who were the Council then ? 



(•■ I, 

, 1846. 

sie District. 

No. 66. 

[Nothmg appears under this head in the manus.rinf 1 

-■ .r-j 





IV.:. 67. 

From Canada Gazette of 8th January, 1818. 
" Caowx Lands Depaiitmknt, 

^tf IVOTICE is hereby Pivon that ih. . /''^^°"f««'' -^^h January. 1848. 
/■\''Bytovvn,(ho!„^! ,nUontt Vl '' '"^"^•^"'^d Town Lot., adjoining 
the River Ottawa ... i1k: t! , f^W^'r^^^^^^^^^ ^o 39, broken f4„t oS 

"t«t^^; "Pon api ..cation .o o ohn K Esn h!' ^' • r" ?'" '^'*^' ^* ^''° P^^e" 
the Ninth day of February next " ^" ' ^^^"^'J^nt Agent, on and after 

reJatte^^^^^^ or^^-^^entU at the ti.o of sale, and the 

year, with interest from the date ol'sale^ ^'^'^^° °" '''°^''^' of January i„ each 

^f^^rfiZ'^^^kl^l^^;!- ?.^^cl.ive, (.lOeaeh); 10, 

^^Lyon Street, West side.-Nos. 15 to 21. inclusive, (£10 each); 22, (£12 10s ) • 

^^n'lt^i^rk^^^^^^^^^^^ ^Os.). 16 to 22, inclusive, (£1^ 

cae?)fT3:^|r^lo:r^^^^^^^^^^^ (£12 10.); n to 22, delusive, (£10 

e4f24?a!ot);%t7|^°7 ,\l'/^^^ lOs.); 18 to 23. inclusive. (£10 

^^West^ Street, West side.-No. 17, (£l,), ,8, 1., 20, (£l, ,0s. each); 21, 

(£SrirT2?i?:V?£27fa:h.V ^^''^'' ' *° '' -Iusive,(£20each); 10. 
Ottawa Street, South side.— Nos 1 fn fi ;« i • .n 

Ottawa Street, North sidc-N^ sTTTw' ^f ^ ' "^'^ ^ ''^^'^'^ 
Queen Street, South sidc-^r,. 3, %]'^ ''Jf'^ -h.) 

Queen Street, North side—No. 3, (£12 lOs ") 
Leww Street, South side.-No. 3, (£12 10s ) 
Lewis Street, North side.-No. 3, (£15 ) 
Oregon Street, South side—No. 3, (£17 lOs.) 

J^ The Bytown Gazette will insertlhc above once a week until the day of 

No. 68. 

The Petition of John Ro„,!fXwn , ''' ""'" ""'" ""'' 

That your Petitioner, after . „.eat d-al 0' c-^'"' "'"" R-heskxts: 
. . a ^.eat Oval 0. expense, aeiay and vexation, has 







The Li 
for sale, a 
to which . 
25th of S 

Mr. Be] 

lot as mad 

Wiih a sec( 

I beg to 


I would, 
25th Septe 
himself ent 

^nuary, 1848. 
Lota, adjoining 
broken front on 
ale, at the prices 
It, on and after 

of sale, and the 
Fanuary in each 

£10 each); 10, 
I, (£25.) 

!2, (£12 lOs.) ; 
!2, (£12 103.); 
icluaive, (£lo 
iclusive, (£10 
iclusive, (£10 
>3. each); 21, 
iO each) ; 10, 
7, (£20.) 

I the day of 


xatioD, has 

that your 
fic follow- 

iy> that if any vncanVr ""'"I^'"g to the 25th eectron^f T p^^'jeater, 

xcept lot oT „ r ^'^'^^ ^and exists in f.« -^ ?^ *^*^ ^^^^ Act, 

v>nurch of Kin v '■°. ^'■""'of 10 acres thereof" . ° "^Ig'^^^ourhood of By! 

IIouse,IiurS^S;;'d*r'''A''^'^« ^-c^t of ^n^'c/' the Epi4i, 
That, to the inte'rfotce :'["•' ''^ ^'°"''^''' ^^e^ary'Tst' ^847"^^ 
^•^trong and others, this Ordor 1 ^ "I'^representation of tho P 1 

nute ,n Council, of 22nd of f '',"°* ""'""'^'J ^nto effect h,? ^/^^^rend S. S. 
September, 1846 ;^ !„/""*'' 1«-16. quoted in tlufiV i' ^"^'^'" '"'other Mi- 
"Pon imn (your k v ' °!:^^''«'^' ^'^'th a view to nn ^''^'.' °^ ^^""'^il. of 257h 
wLaccordK?;d'lt"r;^f '"'?)' 'Y' "bV^u^'^;;,^?.*^!, value of the I'nd 

'""uar^ 4.1, i„r„, "' '^ """ °f ""= Cro>v„ Cd otSenf " "' f T'«'' 
Wherefore your Peti,;„„, epartmem, under dale «f 

%town, January 17, 1848. ^^'^""^'^ "^OHN ROCHESTER. 


No. 69. 

Crown Land Department, 
The Lots to which the Petitlnno. „ii i ^^ontreal, Jan lary 22nd 184fi 

Governor Get jtr"™ '^i™ ">» ^''^'^''''^'''^StuLlT'^''- ."'"■ "f^^^ 
^«;;f^«~V^S^^^^^^^^ °° ''" "' ^°^™"""' ^^""-^ iS^^^^ 

I bos to add! I fl^"? "■»';=■•■ <=''-«y pine aud c da "'°" """•''y ""ered 
price. ^ ""^"^ ""^ pre-emption of the whole nf'^k. *'°°^'' conceives 

- --■ - J. ciiLlUJ 

v'hole of the lots 

at the 

^^'^ned,) T. BOUTHILLIER 






proved by His ExcdiSr ^'^'^"^^^^^ '^"''' '^'"'""O'. 1«1«. a.,- 
the same day ^^''^'^^^^^ the Governor General in Council on 

On tho npplicntion dated 17th Jnnuirv Isja «f t l t, , 
against tf^ order in Council of 8th Doccmber i « Ir f " Kochc«tor. remonstrating 
Auction of Broken Front Lot 39 in llTr'J. ■^' "^'.T/'"- ^''° "»'« »>y I*u»'li« 

t^ bo .t„,ed until hia clai™ H luowe"TorjI,?Cl^-^ '-/>;-? ^hat 

5^;;;^ be .a,ed until hu e.a ^ii ;;; l£^::^::^:^:::\^t!;^j:^ 

yT^3^^£r^L'% fro. .rohn Firth 

der in Council of 18th Febnmrv iS/fi ?,n T . ^ •!"'^f «'»» ^^ Ncpcnn. By or- 
required by the Ordnance jS;tmen?) > L^Irir 'i '^!° ^-^Tl'^i-' o^hc portion 
acre, and the Uroken Front at lormyh^b 'T J" •'^^ «"''' *" ^'"^ "' '^O". per 
Councd of 22nd June lR4rt , '^"^•.P'^3"nj;_back rent since 1823. J\v Onlor m 

ordered to be ^^^aT;^'!^:'^''^:'^ ''T''T' ^''-v'-^e Bloc 
quonoe of the extensive improvcmenTfimn.tlnJ^^'^"*'^ bowevcr, in conse- 
ly (l«t July 184«) directeJ E L 39 lu^ h^''??".'',"" *''« ^^"^' «t.bscquent- 
«cl, but that tho Broken Front shTu Ifbe divid 5nl^ " ^T '' ""^'"""^^ intend- 
1.0 Auctu,n. Petitioner then renewed if. ekim fn h T' V,"''* T^ «°'^' '^^ Pub- 
Broken Front and the Order in Counci of 2 ^ .' ''^ "' ""■'^^' ^'^ P"'-«hase the 
?^"1^^ :'«"owed to do 80 Jf he ;i inl;^ 1^^^^ If «. directed that ho 

the Agent had reported what that vaTue was '' ^'"^ *'"' ^"" ^"'"° ^^ ^'' '^fter 

gqutnti;;ttitr L^^^^^^^^^^^ on tho Broken Front .as sui,- 

Commiasioner of Crown Lnnrla ,...'f'^"on ot tho Committee of Council bv fl,^ 
.j.a. Office.„Sg &«^n :?,J ^.^"f ''-?« -.'-» -l" "o'l!;'*? 

EochMter to purchase them, (he Comm UclTl.l '° ^°"' "" ''«'" S'™" '» J»lm 
Btnyed until the Isl M„v „'„, duri" S ,"™'^"J? recommend that the sale be 
cha»e under the present Cler^ Be""rvc^e"nl .•""" '^"V'""';'' *>° »""'='i '<> Pur! 

^^it tffi:: h^£;= ^?r iirc^tirr^stim". 



To the Commissioner of Crown Lands. ^''''"^'' '' '^'^^'^'' "•^•^• 

No. 71. 

Sir,^On behalf of Mr. John Rool..«f r , f ''''°^^' February 8th, 1848. 

John Rochester, I beg herewith to forward hia Petition 

The Pe 

of May 
Clergy J 

Your J 

Front to 

fraud one 

pf your P 

"1 rear pu 

reduced n 


your Petit 

tion of cer 

valuation, ■ 

f'Slit to th] 

Your Pe 

oppressive i 

to survey tl 

veniences re 

^vhich a fict 

and under p 

Tour Peti 

'ne Order of 

l'^ Broken Fr 

' this portioi 

"«nce until 

fho Executive 

lary, 1818, ap- 

in Council on 

Jr, rcmonstrnting 
1 sale by Public 
^nd prayinjj that 
10 be fully in ves- 

Tom John Firtli 
f^cpcnn. By or- 
"1 of the portion 
him at 50s. per 
• By Order in 
tlio whole Block 
ever, in conse- 
nt, eiibscquent- 
iginally intend- 
>d sold at Pub- 
to purchase the 
lirccted that ho 
iluc of it, after 

^ront was sub- 
-Jouncil by^thc 
n the letter of 
u to John lio- 
npproving of 

ng at variance 

•wn Landa to 
given to John 
at the sale be 
)wcd to pur- 
ow placed on 
'5th Septcm- 
the purchase, 
sold at Pub- 

h C.E.C. 

.'ire-'™'' -'■'-i^^^ 

•••n I vex any person. ""^ "'° ^-''own Land Depart, ".; " ""^V ^^^""-o the 

. '^he facts ulIo.od in his P.V ' ' '"""*^'' '" ^'''^"« 

^ ^ oiir njost ohodiunf c 

The Honorable Jxo A Am ^^^'^"='U WILT 1 ^^"'' 

Commissioner of Cro^'^r°''^^^'"' ^^^LLIAAI STK^^ART.,vn Lands, &c., Montreal. 

rf "^~ ^^"^ -sS^i^ !-^L^" r ^-- 

The Petition of Jonv P. ' *^^''' *c. 

f •JOUNRocnKSTER, ofBytown, 

Ith, 1848. 
his Petition 


» fj 



h • 

tlic first settlers to 1," hnf t o i "vanably understood, known, and called by 

^v^i^ , le 'Bu to n t ?hir/".1 '"^'' i ' "'V ^'^"'^ l^"^^"-^^' «"« «^" tl^c^lL; c ;r3 
to thrwS-ds delilnSo anrde Si >n^^^^ ^""- ^^^S'^'""^^ ^"'^ ^^=^ •"^^--^e 
the Lots on each side oHt ' "^ -sKd 40 ^ '"°'?'' Pu" • ^- "'"u *'^« ^^^^^^ ^'^ 
your Petitioner. """"^ "^^ "^ *^*'P^ '^^ ^^^"«h is in the possession of 

lcncrr£„^:irco^i:etr dT^^^ ^"^ r^^^^'y P-^«' *'-^ -^ y-^ Excel. 

ExcelLcy in c'ouicTThi IT'" !''• '"^' "^ ^'^« J"^^'^« -'^ ^^-"'^ncy of Your 
lency to i^lieve vou 'l^^^^^^^ ^^''^ ^"d"«« your Excel- 

that^hisri^hri: SrL^i';;t';£^et";S:iiuS't!r ^"' ^""^^^"^^' ^"'^-'^- 

And as in duty bound, Your Petitioner will ever pray. 

•R„* T^ , , (Signed,; JOHN ROCHESTER 

Bytown, February, 8 th, 1848. ^^^-^oxsuix. 

No. 73. 

tier;: fc^ist^'foS M^TT 'V\ ""'"''T'- ^'^^™^ ^^-"^^ *^- -^p- 

1 = picvioiH to 1842 with consent and approbation of Government. of Mr. .Suglli^ol,™,, '7' " "" "'''"'""' ^^ "■" Government, and 
ab^i^Sed ".?, ''1° •"' ""'"""'^'y' "»" '«= t»s'!l!o<) to ! .Tohn Chitty, (he Inspector 

bn"t on mor.? tls:!z^ i:i:^:^'^i^ir^i^^^^^f^ "r '" i *T' 

caneel .he deed in hi, own name, and ge-. oni ex'ecSeJ i"n°that'of lE'Se'd 

but it 

seen ai 

if requ 

then th 
tion of 
in conn: 
for a cei 
the fore 
one mac 

Sir, — ' 
ing been 
Petition < 
ther with 
tion as be 
ordered tl 
to agree f( 
Judges of 

Mr. John 

Dear Sir 
submit, for 
the necessit 
I^ot No. 39] 
only depreci 
continue, inl 

If equattc 
presence and 
reduce the vi 
nad to pay a 


inction was ever 
■n, and called by 
lie Inspector of 
lentlj to possess 
the Inspectors, 
r begs reference 
\ the Crown of 
he possession of 

i if your Excel- 
ictors should be 
ists in his right 
viz. :— £2 10s. 
' the Act 4 »& 5 
\\ regard to all 
your Petition- 
)st humbly and 
3 to cause ano- 
to its value as 
rth in 1835. 
lency of Your 
!e your Excel- 
nce, and order 


^^■^f^' ""<• '^r^'^^cz:^:^ 'z:^,,^ .,^ 

igthe inspec- 
)n of Lots 39, 
tlie Township 
lac Firth, for 
three instal- 

)r the term of 

the conclusion 
or said Lots ; 
in returning 
; of the said 
tvn Land Of- 
ernment, and 

ihe Inspector 
own use and 
:'s, of a small 
n to a claim, 
nsj^ectors, to 
bove named 


but .t was indignantly ViCr '" "''"' '"" """"^ -">■ !■" ^<^'^. LLtit 

ihe Keponmac',3 and lodged in tl,„r_ t ,„ 
«e^n at any .ta„ „„ ,„„„„ „»°2:;*= Crown Land Office, by Mr. K„bcr.s, can bo 

tion of depriving Uv. Kocheste^- of L ; . , ^^ ^ '•«"*' ^^'^ '^ the obvious inel' 
in common with all other occupants o r ?^' ^^ Pre-emption conceded to Idm 

for a certain prescribed term of S-tl^-''-'-'"^^'"'''' '"'^ ^^^" ^" I -ses o„ 
the foregoing applications were not broi^^I?!-"'''* "'/""^ ^"''"« «"t by the fact Tat 
one made by McLaughlin. '' ^'""-'^' ^"^^'^^'^ ""t^l the final r^-ection of tl^ 


TVo. U. 

Crown Lani> DEPAimrENT, 
. Sir,-Your letter of the 8th instant .M i ^^^""treal, 20th' April, 1848. 
;ng_been transferred to this Offic" J h' '''^t''-'f *° *^"^ I'rovincial Secretary Inv 
Petition of the 8th February, wS untrt'^f ■■"?/""'• '^''' ''' '^^PPeais t t' yiur 
her wi hone from Mr. Nicholas Saks wt T.'''^T''''' "^ ^'^^ J^xecutive to""- 
tion as being tlie broken front c^-'iot No of"''^ " ^^''^'"'^ ^^' '^^' ^'^"^I in ques. 
ordered that the sale to you shonl,] it , \ '" consequence of which klvL 

to agree to a special caseTnvolvini the c^-T "'' '\^''"^ ^''^l'^^-^ to Mr S .a ^ 
fudges of the Queen's Bench Sheir^Sor" '"^"^" '' '' -'bmitted tSo 

Mr. John Rochester, Bytown. ^^''^"'^^'^ ^- ^^- ^'^^^E. 

No. 75. 

Dear Sir,-Should you find it suitable fn ^1 ^/™'7' ^th January, ISo'O. 
submit, for the conside^ration of he Hotrablt ho' C """•'' ^' ^^'"^ '^'' ^^^ ^vould 
the necessity of efficient measures beinrt^'n f Commissioner of Cioin Lands, 
Lot No. 39, in the broken front, by 3;^. vhi'<^h " '''^ -'' '^'' °^«"P^tion of 
To/fl'^'V^ '^'' ^^^"« «f the reJ,aiS of tint T n/'t ^''''T?' "'^'■^'' ^^i" "«' 
continue, nifl.ct serious wrong and injurfon tl ^ .Hd^n n • '"" '^'".' "' ''^"^"•"l to 

If squatters be allowed to o-o nn J tnt i,. glibounng proprietors, 

presence and th..U?.;fl'J,.^^^^^^ lot in a lawW, nmnn^- ^F-- 

reduce the value of p^op^^; at tis"end of fr^V' ''^' "^';s''bourhood,;:iir^.retly 
^- to pay at the rate Sf ^o an ^^^ S:^- ^ct^^bi^'^iti 

I ( 


U ) 


hZlT ''Vf n^'"'"' -^"^i '? '^'f '^"" '''^•'^P*^^ f^''- » Villa Ground, particularly from 
being beautifully ^^^oM, but the squatters are cutting the wood whirSive t iS 
pnc,pal value as v,l a ground and no respectable person will bt7yand°Thee' to 
bu.ld upon among a low class of squatters. It was subdivided into xuLlZl \, 

ZllT^' ^^P^"- i' V" I^."^^'^'^"' '^' equatteL aL nder n^h "eu'r V y va 
lueless by rcmovmg the boundary stones. ^ » v"e survey va- 

If something be not done in this matter, the land will soon become of verv Httlfl 
value to the public and will fall into the hands of the squatters Sule more^han a 
Sr?!''-?''' i' \' '^'^".t" f resi).ctable people Iho would wlin^rJve its 
ou fnfu V tl, tr.f'^ «-f erable los. will be^nt^iled on the publi bt^d^sl ! 

persons res dinithrrp''' ? "^""^-V^ '"i *^ neighbourhood and inconvenience to 
persons residing there. I was informed by Mr. Eochester that a man was nearlv 
killed not long ago, on the road in front of No. 39, not iar from my dwelL ' S 
some worthless people frequenting some of the squatters' houses ^' ^ 

I remain, &c., &c. 

John Duuie, Esquire, ^^'^"''^'^ ^' ^- RUSSELL. 

Crown Land Agent, Bytown. 




No. 76. 

County op Cahleton Agencv, 

Bytown, 28th February, 1850. 
bir,-..I beg leave to place l^ofore you the enclosed letter from Mr. Kussell of 
Lw^Ca^n.'"'"'''^" '""' '^^"^° reference to Lot 39 in ConfeLionlfot 

K J^ «'°"P^J'°" «f tl^e lot by squatters, to which Mr. R. refers, is not recent the 
ast ,ase which occurred was, I believe, in the spring of 1849. but the sea" o° of 
he year IS again near, when there is danger of its being agan repeated From 

iantpnTr .rf *''".''"'^^'"?'^^''^'^'* ""'^^^ ^''««« circumstancerarre ected ther 
can generally be put up, and inhabited before even the settlers on acSno of{ 
are aware of their presence ; so that there is scarceI^^p biJi^y^f n^^^^^^^ 
al e to do more, than inform the parties, after they havi taken possession that thf 

,i;vTi!fl^°V''^r '''*^^^Jt'««'^ to be sold on the 9th February, 1848, havin- been sub- 
divided into Town Lot., but the sale was subsequently stayed in con eauence of a 

fwttc^n^lf" dTVl?^^^^ '-''' '^^^^^^'^^ GoveJ^^menl^TriaTLl 
untnXlst S of ?hl ' f^^H'-'^ry, 1848, ordering that the sale be stayed 

until tne 1st May of that year, during which t mo Mr. Kochester is allr vpd tn 
purchase at the valuation placed on the lot by mc. ^^"cnester is allr .ved to 

and noTnlV^X^-^^" '^'"'"''r "^ '^'''' ^^^^^ ^'«^« «1»^tt«d «" the lot is very bad, 
?esne" t.bLlnhabiHn^rr"T' '^'''"? ^^•'^^''^- "^ ''''''' ^^ ^reat annoyance t^o th 
proSv in the nS^^^ V^'1 "'"'"''^ '^"«* *«"^ to depreciate the value of 

flTIy '" r ^ neighbourhood, bo long as it remains unsold it will Hp. P.nn««l m 
t..=H«»., aud particularly so from its stituation being so near the Town;and"the 

i"eplying to 
Broken Fix 
I'eply, that : 
''•*tier aubaci 
action havii) 


lenience arising 

irticularly from 
liich gave it its 
^ land there to 
village lots at 
the survey va- 

le of very little 
le more than a 
llingly give its 
c, besides seri- 
convenience to 
lan was nearly 
y dwelling, by 

I have the honor, &c., &c. 
»-vc.., t\.c., he, Toronto. 


n»/^ -.1 -^^.'""'^'"^'"'Jf'!- should not lu.«.^I,l r Af '"i'"V"> i"cro appears to 
an e w. h the Order in Council of 1 "L , J Ln/v V,''^"/"'^^.^^^^' i" '-^ecor 
. Previous, however, to nuvkin^ the ofF.! ,!°"'"/' ^'^ be effected immediately, 
m communication wi'tl. Mv.S^^" '^ /" ^^f': Rochester, you will place yourself 
an objection to offer. The lots nh. • / !', T-'''^ ^^ ascertaining whether he hi 
of ilichmond Street. ''' '" ^' ''''^'^''^'^ ^^om sale being all those lyinV West 

J. DURIE, Esq., &c., &c., &c. 



aary, 1850. 

Ir. Russell, of 
ession A, Ot- 

ot recent, the 
the season of 
2ated. Frona 
erected, they 
adjoining lota 
of my being 
lion, that this 
the lot, and 
it. I would 
one from the 

ing been sub- 
lequence of a 
he last notice 
ale be stayed 
s allcved to 

; is very bad, 
yance to the 
! the value of 
le exr»osed to 
>wn, and the 

No. 78. 

County of Carleton Agency, 
,. Sir,-I have been instructed I.v fl.. ir m ^'/^'''''"' 21) th April, 1850. 

Lands to ofK.r for sale to yot Leon ition'^^ the Commissioner of Crown 

atcly, that part (rescrvino- the ?,o.tZ v 1 . '' ^'"'"'"'''^ '^« «ff«°ted immedi- 
fo SO, broken front (JtCxw C^ St-Z^ ,*'?>• ^^^^'^ «^' ^^^^^ks) of Lot 
to the valuation placed upon ii astbdiv^^lfi^^^^J^;;-"^ ^^-^' ^ 

I am, Sir, 

Your obedient Servant, 

To Mr. JoH^ Rochester, Bytown. ^^^^"'^'^ 



No. 70. 

Sir,~Temnorarv al).PnP,. f .. i , ^^^pean, June 20th, 1850. 

-plying to >Cu Lt orth 'it;T,?Hr;^°'"^""""^^^^"^- I--»ted my 

Broken Front of Lot xVo. : irNc, a^c ler'v ^^^^^^^^ ""t' ^'^ '''''^' ^'^f«'-«»«« to 

epy, that my two petitions in jZ:::.';;!:ifJ^;^::'^J,}'^^.-^-^^ say in 

■^p-: «uoae.jueafc communications, are ia the han.'iVnf'^l 'n''' ""'' '^''''^ '"^'J*-'"^' ^^"*» 
action having been taken upon thoin thcOoveramcnt, without any 



■ .|,, 

? !l 

The Petitions and communications referred tn «nf r ,i i T7 
and cnoumstnnco connected with the sul^'' t ^Z *'"^, ^^l^^^''^ ^^^''y ^^ct 

every particular a,:.aiM would onirnJlfvSn^H '",""'•* ^"•''^ '^ ^"t^'' '"^o 
phun; and M'hat hi,s (from wh i F ' rv [ '^'^ V "^^'I'^-T '"'"'^ '^ "> '^^^If simple and 

the case,) heon swelled in^o ^ ^nltL^^^ JS^ im;:r;:nt: ' "''''''''^'^ ^' 


the arrangcn^ent of the urvey n ' he de on ' 'T*, '' ^''' ''' ^^ 2»' therefore 
the Province. So upon th.t sco e ]\ r ^J^, ^ "'.""^^^y f^rveyora, and the law of 
the final closing of n y cla m to the ll'n ^ i'" prctcnt.ons need be no barrier ta 
detennincbylaw.neitLr n\,o r •'^"* ""^ ^^^ ^'«- ^9, which I can 

th^i^ tj it, a^ut is ^Jih :^: -r^^j'iSd ^"'^ "^^^-^^'^^'^^ '^^ ---^^S 
fromZ3^!;^s^s::ri;]E^srtSLS^f^^''^'\^ ''^^^^-" -^-^^^ 

pensate or the annoyance'and exjlTel whici I'hl^eren s^-lfe^ef ""^ ^°"- 

"po^h^l;:? Ji---^^rj^^:;;3;^^^^^ rslir ;„d deddea 

proposition. v.ouncii, i am not in a position to make any other distinct 

I am Sir, 

Your most ohcdient Servant, 
John DnniE, Esq., (Signed,) John ROCHESTER. 

Crown Land Agent, Bytown. 

R' f 

No. 80. 

County of Carleton AcKNcy. 

Sir,-Referring to your letter of the 1 1 f h Af M ^T^"' ^^^^' ^"°^' ^^^^• 
to your instructions, I placed mv elf i!. "''• ' '''^' ^ ^'^ to state that agreeable 
to ascertain what pokiofoTfl "S^Ln Front^f'^r^' Mr. Sparks, fn order 
he clamied as being covered by a dec^^^l which he VolV!' ? ''" •^'?^^"' ^«P^'^"' 
letter of the_20th April, which I Tow e c t lt\T^ received in reply hi. 
Sparks has since taken nosso^^mn ^ ' + 1 ^\,f ^ ^"'^> here mention that Mr. 
corner of" Richmond Sre^t' I tooktlo'n' ^^ T'''"^ ^'« *^^''«« '^ the We 
td the matter could be finally Jisiled of.^ "^'" ^'''''''' ^^ ^^^bidding him un- 

te. days .nc, has beii g;;:ktd wSl^I t:]^^-:^ ^ ^^^^^ ^ 

w^iat p^:sr!;;i;a i^^:j^£:^^!fr;;;el>:t t "^^^-^- ^ ^^ *« ^^^-™^- 

opinion of my own, 1 4ate t vf, . the Broken Pront; without offering any 

th.s instance to whicli he ha« no -l, • , ^ J ';i""^^t-"J'''?'"' ^" '"^ '^^'"'"'"S hind in 
^yh-! :ho land is now off^'r^! " \ v'f f''' ''"^":"'^y ^'^"^«''"« the'prico at 
("Uu wJ,ieh it ha,s been si livid. 1 ^'""'^''t'' '""'.V' "^^^'^'^'^ "' huilding Lots 
yhen my valuation w ade if miht':;^^']- * ^f ^ ^^'^'^ ^^ '"'' oontomplated 
^n Bytown is not at present woitlv./ ■< 'f '')"^ ''"'•''''^^' ^^'^^«»Sh property 
no expectation thnt ^t:!^!^^^^ ^ '''''' ^^''"' '^"'^ '^^^''^^^ ^^ ^ l^^ock, I hny. 

' ' "'"^« """ "^^ *^"*^^"' ^'oui'J he oltuincd ; viewed as a farm 

gvilar circu 
cessors in ( 
in Council, 
that I codil 
foro His K 
•ible, excep 
h^ke ine to 5 
tigafing the 

I will not 
multiply ref 

I therefor 
after mentio 
Crown LaJK 

cplain every fact 
e to enter into 
tself simple and 
uitfconception of 

. Sparks' preten- 
entare unneces- 
nnot be ignorant 
& 39, therefore 
and the law of 
)e 110 barrier to 
', which I can 
■y by conveying 

been subjected 
•ould not com- 

ted and decided 
y other distinct 


■I nave the honor to be. Sir 1"-^ 'tore. 

Your most obedieiit'servant, 

The of Crown Lands. ^'^'"'^ ''' ''''™' 

No. 81. 


rune, 1850. 

that agreeable 
arks, in order 
i\ya, Nepean, 

in reply his 
ion that Mr. 

to the West 
[ling him un- 

to determine 
offering any 
I here, with 
ning land in 
he price at 
ijiiling Lots 
gli property 
■ock, T have 
id as a farm 







Sir,--I beg leave most rcsDcclfuIIv f. i • f ^^^'^^^ Pebrura-y I6th, 1852. 

a'>le, except thT, V i:."":'" ''" ^"'^-'^ *'^ -h^^^ ^tt it f •"""^- 
ke me to snff'.r o ■ " P ''*''''" '"i"''' ciu^icr to ■ill.n^r ., ^ '"^ mexphc- 

■»»" -..,a Omcc, or the Exccmivc Com,dl OfficCvt"!"" '^'° ""'"=' '» ">= 



No. 1. My petition of date ,.„ ^ 

^' Do. do. do win .rannary, 1848. ■ _, 

3. My letter to Mr. SuiiWa,;;:;. 8th February, 1848. I ^^^^ 

4. Do. to Mr. Price.... ^^}\ ^P''"'. ^848. I '''^ 

5. Do. do. do I5th May, 1848. I , ^ 

6. Do. do. do..' •••14th June, 1848. I 1'^"^ 

I shall onlv add that tho •nrn]-n""r"'.'""V ^'' ^^'^l^c'-, 1848. I ,f ^y 

rpdnccd in value, ^^^^^t^::^^ f^^y --cd, and vcy n.uch I X^. 

tion of character, who have robi.ed Tot^\ ihoT; V^ "i"f ^'''''^ «^ *''« ^^o-'^t descrip- I vj, 

quarnes, carrying oil' the stones, wld con if, o"' 'T^ "'' ""^" '"'"^^^'"^^ ^'^'^^ •''"d I S ^ 

ng subnntted tho case to Mr. Ma lod M P ' T^ I'''^''^ ^^ ^'^'^ ^'«'"«- Hav- I "'i" 

ally visit tho i)lace, I take »;,o 111 a ? \' •'' '''"'' "'« '■(^'{ucst he would nerson- I ^^ 

that you will L pl^a^ed :;; c^^^^^^ ,;^!;';:;;i"^'^ '^"er ii^ reply tlierc^C^:::^ I ^ ^' 

"It witli a icply at your earliest convenience. I ?• S- 

I have, k,., I ^^"f 

.o. , , ' I with i 

The Honorable John Koi PIT ^^ '^ JO"N liOCIIESTER. I Partie 

Commissioner Cr.^w'n Lands. | Auctll 

by the 

c- T 1 Crown La-d Depautaient 97c+ t.^ k , I n'^^''"t 

Sir,-I have to acknowledge the rocoint nf ^^^™' ^^^t February, 1852. I for thei 

upon inquiry find, thnr mthoir^h ',1 .'Tt' !?•/""' I'"'' "^. ^^'^ ^^'^ instant, and I ^^"j^ l>i 

;n Council have not received at1en{bn,1*f d ' t'oi^ :?• ^JV^'^ V^*^'^ ^^^^^no I ^'fr " 

|v ere communicated to you by letters fi u t I D '" ^^"""'^ "'^^^''Pt^J thereon I ^^^^''^"^ 

February, 1848, and that your le e o^' t o «' f'^Pf ^'"cnt, on the 1st and 18th I T^' «^ 

feulhvan, as Provincial Secret- r v. :, ^'\ ^^'^ '^^^'-e^^sed to The Hon Mr I °^^'^''t 

Apr 1, since which time Mr D i ^ Z^^f •'''' ^"^ '^'^ ^^^'^^ on the 20th I '^' '^^o 

fercd to sell the lots to you un ler O Z- ; "rn"'"T'. T'" ^''« ^^^arlment, has of- I ^^^try^ 

ceptms such (being those west of H . i """' "^^ ^''"^ -8th January, 1848 ev I ^''^^ ''« 

offer it appears, you dedin:,!^ Y tlXfr ^ ^'y'""' '^ '^'- ^P-k ' wii ct I ^^-^ion 

whether or not you are prepared to pu -dn ' of -o. " ■ ''^"''? ""^^ '"^ ''■'''' ^^'^tinctly I With 

lots are open for public Lie! under C^^^^^^^^T't^'^ ^^ S-en that thl I A great j 

uu.ui.cinent oi the 4th January, 1848. I «bout 15 

Mr. Joim Rochester, Nepean. (^^g"cd,) JOHN ROLPH. | J;j^^j;'^'^««' 


of the SI' -r 

Nn, ^Q I ^ Petition 

^^ O. r^ti, I to the Rec 

T) I P''oclamatii 

Sir,--With reference to my several annll.n.' . -^^"^°^^^^' 23rd July, 1852. I December, 

chase of Broken Lot No. So/front n T e oTn *'^' .^^^••''•"'"ont for the pur- I With ro 

VTT'' ^^^'^^^J^■''^ve respectfully To ky efo^ . ' 7 ^P"".^ ^'''''' ^ ^^^''^X I ^^"'^t. is un 

I^xcellency the Governor Generafin Councd t leillo^-' " '' "l^^^^^^^ion of lit I h.ave his o^ 

I emigrated from Kn^rland ^nd n.nvl T > fallowing snnplc facts:- I sions and I 

Isaac Firth, the improvemeirh\^^^^^^'^:^^^^^^^^^^ 20 year, ago from Mr. I "-vennes. 

l^t Concession of Nepcan, and Broke Fm ■ /^ ^'^'^''"'^ ^^'^t No. ;]9, in the I ""^"^ ^^uuds 

him a large sum of monov n cash J ' i; V for which I paid I ^^"^veyor car 

been in possession ever since ^i la^t v^r wl ''''('T"/ '"^" ''"^^^^^^«'«" «-"<! ' "^o I '' ""-'os in 1 

ilouse was built on the Broken Front v lo "^ '''V ' • '' '^'''''' *" "'« ^'""^'^ A I Petitioner 

tntcTcd into i.ossesHon, whicli wa.^ | «ti»er rcasona 

^ry, 1848. 
ril, 1848. 
fly, 1848. 
lie, 1848. 
ler, 1848. 
find very much 
worst descrip- 
laking holes and 
is value. Hav- 
e would person - 
tliercto, hoping 


I'liary, 1852. 
h instant, and 

the Governor 
lopted thereon 

1st and 18th 
Hie Hon. Mr. 
', on the 20th 
tment, has of- 
^ry, 1848, ex- 
5parks, which 
ate distinctly 
fiven that the 
ly, 1848. 

ZfZ'or' ''■-= ""-SV../'.'."°-^°'?."--™ ;m'l':'',il'A »•:'"= ••"•J a half 

perly interl 

reference tc 

most abandoiTorV%^ f esorvcs, tho vhrht 'T li'Tl^y P"'-siicd in every 'fnsi. 

of p„,.' . ""oned ot characteiN wim ^ ctitioner was sot- ni- i J "'''' *^"n 

0/ -I etitioner and Af.- r. • '."^ '^^"'itiedon (Iiff;.i.n..* ^^ defiance bv th^ 

abou< " 

ily, 1852. 

for the pur- 
*> a Cld'c^y 
tion of liis 
3: — 

' from Mr. 
• '^'J, in the 
'ch I paid 
n and have 
ihly fenced 
■ same. A 
Avhicii wa.* 

Petitioner mtinn^tr n . ' °"^ l'"^''' 

Prodamatfone of feX. r *''■ °' "*' "'= "th July V!r '' Y'"""'"'' -^•''P- ?«• 
December, 1842. *^'"" «™'»» Mnjcsey, of tSli Setobc '°.«';^ '''''P-"™ 
,_ With roforenco to tl,„ „,.„.„..,., , . ' '*^'' "'"' 10"> 

the very 

not only 


hy the 


h any 

l^ctitionn.e!..i;«':',;r7'7"' '■*'"^«- ""' '" "^^ --^JJ^i^ing-CoLt. 


Ilonoml.Ie John, (S'>cJ,) JOHN ROCHESTER. 

Commissioner of Crown Lands. 

■1 '1 

No. 84 

■\Vc Iicrchy ccrtifv fl.of ... i r, Quebec, 28th July, 1852. 

Oetau. River, i„tl.^^J;..ilT;^^^^^^^^^^^^^^^^ ^^-^en F,L\ on'Jhe 

John Rochester, with n house built on he u e Vn 1 .^ f /° *''" «««"Pation of Mr. 

ed and cultivated. That part of l^elohr In n ?."',*'" ?' *^^^^^^ "^''^^ clear- 

»>ehevo, in deiiance of Mr. Roci>este ' T ' fl?o ^T'"^ ^" ''^^ «''^«^- P^^tios, we 

great part is overflowed in the ', '^ of he r^'^ '''^''^'^'^^'"^ ^'''^ '''^■- « 

ncuKural purposes on thc^iicluuL ^Road \^ul ' ""-V ^'!''' "°«^ ^^"^1 ^o^ ag- 

"pon the same by the Guvennnr Wt'ors n^^^^ Tf""' ' ''"' *''« ^•■»l"''^tion p,°t 

- hur valuation, wluch ^ve .nule nl a d L^'^f J, '"^>^ «''f ""^^ P- acre, Jva. 

instructions of the department. '' "' '^''"^ ""^^'-"'* ^'"^H^ under the 



l.y ?n"X^^^^^^^^ RoS Rai '" ''"^" ^r'' ^^P-"' °--^ 

road between them. ^ l^andall, as such, with a reservation for a 

N'o. 9, in the 1st Concession, and tin o I'n P^ 
parate Lots when granted to explain LdLtor^''^ ^' ''''' ^^^^^^ed as se- 

C.L.O., August 5th, 1852. i^'^Sr^od), T. C. TARBUTT. 


No. 86. 

'^'■P""'' »" ''"im of John Rochester. 

Sertcubcr, 1845. """" "' Town Lota, under u,ao» in Council of Mtll 

!c-!.r„ cimiu arc siatcci ; iit- having, it 

Extract i 

n ^> 

On the a 

Reserve L 
about 40 -nc 
0^ which h( 

iqimtters and Mr. 
with them. 


h July, 1852. 
jany years, with 
i'lont, on the 
Jcupation of Mr. 
el ve acres clear- 
ilier parties, we 
Lot is rock : a 
'od land for ng- 
e valuation put 
fs per acre, wad 
ath under the 

N, M.P.P. 

repean, ownctl 
ervation for a 

scribed as se- 


t'«;K chiefly pine nn 1? '' "'7 '^^"^'-l^- cov-ered vi . " "'^','^ '" ^«^0, t waa 
ilowevei', as Mr Sn J ,' i • Wonor- 

Upon lookino. over nil .1 """^ ""^ ^'^ J"^^' 

Crown Land Dopartacnt, <S%ned,) JOHN EOLPb"'" 

Quebec, 4,h Ang„3l. ,8S2. ^ '*°^P«- 


Exeract from a Renort nf . f> 

iesoL^^Vi^l^^:^'^'-" «f John Kochester. ......1 ?'.^\^" ^^""^^^ «» the Vth. 

^ese;;;'^^^^- of John It^hester, rene.i„:;^: ,2 "^""^^ ^" ^he 7th. 

about 40 n.roo ul T' .'Vi'^ ^''^'^e" ^'ont of t l,e To ' j • " *? Purchase the Clorrr^ 

of which h^i^aTpSs^ 1:^!" ^" ^'"?'^^^^"" ^^out 2J Vein^i^'P'?"' containi^ 

' ""' - occupat^n, and is propnet^c^- 1;!^ tt t In J^r'^'-^ 


. P^'CJoRimitteorocoini »• 
in favor of " 

at the rate 

account thereof. '" "'^^^ '"'7 claiiu ufr;unat tho aovernracut o 



To tho Ilonorahic 



ti'o Co.uuu..ioner of Crown Land., &c., &o, &o. 

Order in Counci], 5-7 August, 18.^2. 

. The Committee recommend that tho orHor- ^" ^""";""'^«' ^H' August, 1852. 
«n favor of the applicant [l^)che'tc.l b?cS Ld in^ T^ "^ ^'''^ '''^ ^'"'"'-y, 1«48 
to ,uu-chase at the rate oi^oO. per U-e, : te e^t f ^'j;; U ". '''"' ^^ ^« ^^^-'""^ 
„ It being expres.Iv undn,.«fnn,7 ,..'.._.. ."''''.^^^''"'» that period. 


No. 88. 

^-cior Ottawa Ki;:;:r;s.3;i:; 

choste. Senior:;:f ;i;; ,^ - -;;;^-;; - :|-;^^ i:-vince, i^^he'Si, 
and Edward Malloch, of the tow, of PvM -'^ ^^""^^ ''^"^ Province, :5 
I'^sqvure, as witness my luind ^d ,e ,1 ,^t'" :"V<V'''/A'^ ^'"""^^ '-^nJ P 

. Yeoman, 
Oiiohno'ii? -""'^f^'"/ nana ana seal at the'C'itv n> 7T T"""'-*' .'"'"Province, 

Sedtd^i;? ;^;;::: ^=^^ «^ ^^-^-^ ^^^ the year ^ oi;!^^?:!;:'!^!;^,^^^^^^^^ 

S%ned, sealed and delivered in presenetf;'' "^^ I^OCIIESTEK. 

(«'g"cd,) John DrysBALE. 

District of Quebec, ) TOirN D7? Y«;n a t i^ r , 

to wit : ' [ J t, ,vf , f ;y SDALE, t f the City of Quebec in tho "n;, 

maketh oath and saith • Thn f ^"''"'' '" ti'c Province of Canatir'Gonfl^i^ 

. SIf.— Ac 
"ve to the i 
39 in Brok( 
issued, appr 
that the Jot 
OT, 1848. 

The unde; 
Governor G( 

'January, 1848, 
ted to purchase 

licholaa Sparks, 
Ilia claim to the 
Government on 

■• II. LEE. 

gust, 1852. 
anuary, 1848, 
2 be permitted 

Ijolas SparlcH, 
claim to the 

of the town 
la. Yeoman, 

right, title, 
oken Front, 
le Townsliip 
d John Ko- 
!e, Yeoman, 
d Province, 

I^istrict of 
1 eight hun- 


in the Dia- 
John Eo- 
Je for the 
>ears date, 
it liuudrcd 

■nd fiftv-twn 1 L — 

% 0^ A.... r.:'.«j-"^ - Que.. ,. ,„ ,,„,, , ^„^^^_ ^^^^ ^^^^^ 

(%»ed.) J. MAGUIBE, J.R 

IVo. 89. 

Srr,_A, Lo, N„ 3, .°™ ^"^ Depahtmeot, Quebec 9,1, a 
l«"?, has been difpLj^i", Conco«io„ A, on the •' ?''';^°«"»«. '8M. 

1 We, *e., "^ ™ "wmpanyiDg P|,n. 

-^ Sooreu^ .nhe Dep,«™e„. of P„b,iS '<'«^ KOLPH. 

No. 90. 

' ^"'"'"'f^' Young., Opinion. 

To the Ho„„„«, j„,, ^^■;--'-) MOM^tl. MGI,y. s^^^, 


IVo. 91. 

««'«.or gS;' "^^^ -j^^S- f- .be i„fon,,„.„„ „, „. ^ „ 




0,. W^.n 






IlM. 1116 
















WEBSTER, MY. 14580 

(716) 872-4S03 








ehaseof the lot in question, in pu«e of .L *..J '?J.*J''- Koehester to tl,o pSr- 

paid for the lot. and the sii oarrSrl 1 V i ^^^"'"ent. That the money was al 

the lot, and were commUu^g^eS \^^^^^^ 

perfect nuisance in that sectionVJhe courtly ^'^P''*^' ^''''^^^ '^^'"g «^ 

by?l;i/3a?h%ta1^^^^^ it was stayed by direction of Dr. Ford, 

by whos/authority thL wa I^ef fceSSv^t.Ted'\^rP^'*^\^ 

in an offensive style— that C7^ -Jje simply stated— and it must be admitted not 

authority. OrrSenoelo'^'uf hte'Tatt'ter waTf ''"?.^^ *° \^^ ^^ ^"^^ 
able Commissioner of Public Works TtTtln^ti/.u ? ^''''^^^^^^ to the Honora- 
be informed officially what was Veau^rpi^h^^ * '^''' '°'^' ^°^ ^"*^"S *" 

being brought befor^ theVo^abT Mr I^tl X ^^"^' '' ^ ^"^'^°' 

undersigned that it would be all sphIp,! in ^' .- Engineer, he informed the 

Young?eturnedfromCntreal as htLd "r/itp"*!"-' 'T^'^'^^'"' «° ««*>" «« ^r. 
had arranged, that if a clause was iLeSTwvr ""n'^'' *° '^^ '^''^ ^^^^^^ 
within six^months to constructrCanal un tSe ofti ' ^r!'r?' ^''°"^*^ ^^^'^^ 
through the lot should be obtained for the'orlindcor '"' '^' ^'"""^ ''' '^' ^"' 
^^'rp^^^ of the Government, the 

that the damage that is still bein<r done tn ?& I ' ""-"^'"^ ** ^^*°^"' ^°"°d 
resolved to return for thrPaS^to DrevPnM., ^7""'''' '' '? ^"''^^ S'''^^*' t^Lt they 
doing further damage. ' ^^^^""^ ^^^ trespassers, in a legal manner, from 


the^BoLrTof Wokt^^^^^^^^^^ su^S"f:^t^^r Tt^' ^* ^^^^^^^ ^^^-- 
partment before, and an officTal reW oVt J^^^^ by your De- 

acres, 3 roods. 1 perch, which was set ^mS 1 1 ^\ ^^""^ l^^^ '^'^''''^^ ^«« 3 
undersigned do not de^irrto presume to Kp "^ °" '^' ^^"^ P^'"^"' ^he 
with the above simple stat ment "f he case ZtTT^'T ?' ^^^*^ •=°""««^«d 
But they desire not only in the most «olpmn' f''' the Government to do. 

manner/to enter their ifrotest Lrnst thl^ Tl' -^'^^ ^" *''« »»««' respectful 
ffiises. ^ ^'^ ^S'*'"'' ^^« ''^"•'se that is being pursued in the pre- 

They desire therefore protection. 

-.e, of thu n.n. p.n.u:rairnro;4in^r^^ roS'Dt^k.tttfn'd" *i: 

ipon investiga- 
ster to tho pur- 
itions of your 
1841, and 10th 

nvenience and 
to prove upon 
the Govern- 
I the premises, 
money was all 
■ence book for 

uch as various 
ernment upon 
ides being a 

of Dr. Ford, 
' Mr. Malloch 
admitted not 
say by what 
the Honora- 
id writing to 
n the subject 
informed the 
soon as Mr. 
;ffect that he 
hould decide 
for the cut 

rnment, the 
town, found 
it, that they 
tanner, from 

ication, that 
ur letter, as 

J to address 
y your De- 
iired was 3 
plan. The 
I connected 
nent to do. 
in the pre- 

very first, 
ing to the 
t, and was 


never known until ordered- nn,? =* x. "*~ "^^^^^s-^r^ 


The Honorable John Rolph, EDWARD MALLOCH 
Commissioner of ciwn Lands. 

Mr. McLachlin MP lu n ^^' 

4S7fwouir^'*° ^rokefurNo^'a^r^'^'""' ^'^'^ ^"S-^' ^«52. 

space bein^ o^a C of fh V^^'^'^^'^^frontagi fhereofX^ *^^ "I'^^'^'^y of 
We to the Lumberers A ?•"'''' ."* '^^ ^««d of the Bytown ir i"'" .°^.^«^^«' *his 
n>y opinion there wouldb. ^""^ '^''' ^^^^ here to pZdown Ih'"' {?>d'«Pensa- 
frora the Bay and °vil r® "° K^^at difference in efflot h^^^^ '''^^«' ^n^ in 
fast in thif £y for sTfe "v °°, '^''"^ ^''"^ t'^««' ^des dtomhr'° p ^''"'^'"^ ^^^^ 
through the sfc and ?/l °"'''"^"°^^' till they can Gn i^-^^^' ^^'^ "^^de 
be nu? to tL Snse of r , '^ ""'"'t ?°* «"«^«d to LThere ^Zl '" u^'"^'^ ^"^8 
I^ake to the foot nf !t i-?"'"^ *heir timber in sinX ..•?' r ^"^berers would 

being ohUgla^ofotlo^'S' U^ '"^ '''' '' ^ Srtfor South T '^" •^>"'"'''' 
as the timber would hlnh^^^' ^'O"'^ incur extrempr?r;^v' "^'"^^^ their 

passing timberthS ^17" i'^ ?^"«- 0-4nh?vlfe ^^^ tT' ^^^^P^^*^' 
the Lumberers wnnU "^ , ^'th rafts, and if exoInrllVJ , *he season for 

would they notW '"'!' '^' deprivation with loud tVfv? *^' ^''^^ »«« of it, 

slidageanTdues aX.r'''n^'°^ ^o'^PJaint? After ".^'"f complaint, and 

the sHdes ? You wm no^/°* ^"''J^ ^"^'^^^d to he tdlitFe?'5 ^'?7 ^^arges for 

Your most obedient Servant, 
Honorable John Rolph, (Signed,) ROBERT BELL 

t.ommi8s:oner of Crown Lands, 


No. 93. 

, Sir,-I have head it rumoured thai T »f w ,« **™^^''' ''* ■*"«'"'• "«• 
.. about to be «,ld to Mr. Koor,1er.''Suui,e L'." "^°"^'°" ^- "' ^epeau, 

;S:f=-°"'^ in..edute>, u.::z riKiTz-^s-^^s »^ t; 

purpose of 1.W their oar/ wUh/'''V ""'^ ""V ■»"«' o»e the beacLor the 
the slides, it „i|| Juo be reqiired for .YJ"" '" ""',' "> "■= ^ead of Cid above 
connected with the tnicle. Tuher i tre"T„f ^he"'^' '?•" 'T™' »'ter'iur;^« 

|h«I^_ Better re.erveLo.,tha%teX«oCLr.r?LC;S-f^ 

Tour'a respectfully, 

To Honorable J. Eo^h, (SignadJ DANIEL McLACHLIN. 

Crowj Land Office, C.W. 


be n 



of six 

*o whi 


charging trwaferofa^t^^^^^^^^ -ilea in length, d.V 

S'°Th'"r"'^""P*«^ S'ealo ta"&^^^^^^ T"^ miles. ^l7 nt; 

miles. The obs ructions presented by the Sr/^^ ^^^^^ *° ^y*ow°, 114 
6t. Anne, and the Carillon. Chute ImnJ^ ^' ^f"!^ overcome by ' . Lock at 
?,J r? f d Aylmer, a dist^ncfof eiiSrtl'"p.^'1^^^^^ ^^'^^^'' Between 

to the Chats rapids, about twentv-two ,S u Steamboat plies from Avlmer 
and from thence there is a Steambort «» • '.^^^'^ ^^^''e ^^ a portage of three Sues 
about thirty^two miles. Above Bv?ownT*n?.*° ^f '^^« d" ^ort. a distance of 
dred miles, draining an area of fiftJ?.! '1^ ^"^^ ^^^ « course of over six hun 
lowest calculation, fhere are now sL^^^^^ miles, on whTch. by the 

twoyears, e:toeed one millionTsoy"' ("='«"»''1» expectation,) wluiufrr?;. 

of .h^ttraul ttrr' tuPuLr t'^ ^-r. -- the „pe„ti.., 
More rapidly, if, by the constraetion of oiLl""* °°°''. °"'er, would proeeKuS 
without transhipment, waa obSed •*' "»""""«'» Steamboat nariga&S 

headZhXctetp^^^^^^ between Bytown and the 

"P-, where.u..„Xvln:tKalSr&t:it:d^^ 






That 1 

have bee 



■Agent fo) 

to the less 

the occup 

offered foi 

upon the j 

thereto, fr 

no lease, ft 

by the insj 

shall not b( 

Report or 

As thecla 

August, 1852. 
A, of Nepean, 
for public pur- 
083ible that the 
dispose of that 
irposes, at any 

•eat body along 
t ten thousand 
e Bay of said 
beach for the 
f Kapid above 
>ther purposes 
>r any lumber, 
mt of a Canal 
' pass through 
lormoua price 


length, dis- 
es. It now 
iytown, 114 
- Lock at 
i' Between 
id DaChere 
om Aylmer 
three miles, 
distance of 
^er six hun- 
ich, by the 
I of market- 
ibutariea in 
)f water fit 
y-six thou- 
ill in forty- 
3eed much 

^n and the 
the Chats 
the rise is 


here about fiftt^ feet ., ^ " " ~~ ^=========r— — ____ 

WJ'en the increase of . f, '"'° °^ ^^^ «^"es 

Q^BBEc, 19th August, 1852, ^^'^""'^'^ ANDREW RUSSELL. 


No. 95. 

ExTHACT Order of th O 

'ko occupant, for the smlf „f /"? « '" c-w there XaFi ,„ f °' ''"■^-'''"P'ion 
offered for sale • anTl ,? , ° "'^ '""''™ «Jendar moiiH.f^f ''"^teea no Jease („ 

"Pon the purchase In' V ZT "'""^ "* to ™ Ut' 'o""^ '""* '"'^ b^™ 
iheroto, from the Hm^V' ■ ' "° ''"'« "f six ner emt , "'^ """uprata, interest 

Repost on Mr. Rochesteb's P.% 

cession A, Ottawa fronrof °" ^'^'''''^Jf'o Lot No. .SQ i, n„- 
^ tie cWm ,0 His ^ot has been . "'""P "'■ ^'P^™- 

'ta been so n,uoh„,ged in connexion „i,hi,,.j,„ 3, 

' i 


in the first ConcGSflmn ;* rv,» u " -— =- 

petitioned for "bf£ "° ""^ P-m,a.„„ .„ ri„h ,„ ^^^^_ ^^.,^^^ ^^^ .^ ^^^^ 
It was included in RooIiMfo..'» -d *-.• 

.0 P"4aeT.£l\rvratt';f.!;j ?*' '? C-nci. of 2a.h Ja„„a^, ,848 
the purc-W within a gi,e„ tiTe ntl ^<'"">.I'<>". on condition of cotoS 

shewn by subsequent Orde"8 in CouL?^'"^'^' l^^^' ^^''^^ hasten repea?edlv 

any claim based on the Order he has v? ^ /^ ^'"^'^^^ '"^ "" Position which defea?« 
posal of the Government ' ^"' ''^''''^' ^"^ Peaces the lot again at the dt 

It may here be remarked flrif «« -i 
ever been submitted; inl4 ttle "are'iteV' ^"^--'-ble improvements has 
therefore^ attamed its present value thrS ^^ importance; the lot has not 

which itt'^"'""'^^'-^^^-- ^'^-^^oTntv2eT'T '' 'T^^'^tureZte 
Which It forms a part; and, instead nf fL. u • ^ ^^ *''° growth of Bvtown of 
hance its value, it has been i^ a state to I ^^ '"^ i'^provement upo/ tTo en- 
of property in its vicinity • i? is now 1^^'"''^^.^' ^ serious draw back to the value 
the valuable water privifege * ad^bin.'"? ^W 't?'"^^^ ^'° ^^^"« by theUe o 
Although Mr. Egan and fir Au^Z7 ■ ' ^ *i^ I>epartment of Public Workq 
they believe thatl^orty shillings p^r"lwa?''f-''*^ "^^ ""^«r oa^rstal tti 
acrS^cr-'^ "^P^°*^-' -d tE: M^ at the Jime of the 

of clearing upo. the lot ; yet this i^^^op ^ ^^^^^^^^^^^ twel. 






the < 

It is 

are t 







as dist 


road le 


Mr. R( 

July, M 
as his n: 
sets fort 

mains to 


has nevei 

tnown to 

hands of 


amount is 





ficient groi 

sfrong, i„ 1 

recently re 

In the p, 

^nen the C 

ture; and ii 

«o sufl5cient 
racter. Hg 
Report of tl 
inade for pjji 



jpon e:.piration of 
lots were required 

r period by Isaac 
saion, cf a lot re- 
)ut was uniformly 


»"y, by Order in 
ad been set apart 
not in virtue of 
ter, had made va- 
ipplication, being 
le has obtained a 

akes application, 
and was refused, 

ther was it ever 

first time it had 
■il, 1833, it was 
7 for the public 
lis occasion, but 
(lis Order was, 
md the lot was 

January, 1848, 
1 of completing 
been sufficient 
n having either 
5srs. Rochester 
claimed by Mi-, 
sidue. It was 
irchase on the 
2en repeatedly 
nade in his fa- 
which defeats 
ain at the dis- 

:ovements has 
le lot has not, 
iditure on the 
f Bytown, of 
ipon it to en- 
c to the value 
)y the sale of 
iiblic Works. 
li, state that 
time of the 
en or twelve 
mony of the 

sj^orn Surveyor whn W 7 • ~^""~^^^'^'=============-r=:r:^_-______ 

McI n- ° ^° ^° ol^served ih.t i , -Department about 

out the grounds of ,?;o= . ^' «Jssent no- /mm tU- • • ^'^ared. One nf thl t 

Petition onuhiVl'''™™"'"? I-spocto" ll''^T'"'^ "' > ^Slr A^-'T' 
other Tu^ " <"" -f^Jtown ru ! ' between these Int^, "*''ance tor a con- 



no grant should nt present be made " T .l^. • f ",°^*^e utmost importance thaf 
ral testimony affbrdedtn tim n,, . -^'"^ '^ f^urther corroboratn,! f.^^i 

probabilityof a canal passing throurrh thp Inf flf v^^" " compnratifely remote 

mamtamed, it would be a sSort-sthted doH.V .rf^^'??'^ ^^ ^^i^^h is soSbly 
means now at the disposal of th^^Govert^:^^^^^^^^ 
The Coram ss oner of Tmurn T i , ™®"^ ^'^'^ eftectmg it. 

been reserved for public purpoLJ, W crsITtutod T}"^' ^^^° ^^ tEelot Tad no* 

AU which is, nevertheless^esp;ct?:iy s'S^^^^^^^^^ '"^° *° P^^'^^P*-' 
Crown Lands Department, (Signed,) JOHN ROLPH. 

Quebec, 24th August, 1852. 

«a i^epartment, and the description issued. 







■Wepean, s 
t^hat grou] 

^M. Spiu( 

. ^ot JVo. 3 
-PQctora in tl 

^orks, stateathat, 
38t importance that 
rated by the gene- 
i letter is herewith 
t for the Town of 
8 m the Province, 
Jiandiim from Mr. 
igation on the Ot- 
sinallest but most 
icient reservation 
^ cannot for u mo- 
ipnratively remote 
nich ia so forcibly 
' the public of the 

is duty, however 
rcnce thereto, be 

imstances, and in 
improvements or 
f the lot had not 


nts to the In- 
neral of British 

spean and other 

f about twenty 
said John Ko- 
0.39, Clergy 
lis having pos- 
Broken Pront, 
aordinary and 
ipted to insti- 

Excellency in 
tned them bj I 
fen Front in 
ion issued. 


It ia with de '~^"'' — 

»"ff the Jot in ? '• ^"" "'ost tmhfnll °'° "^^° ^"h 

y°"r autB/°"', .Petitioners most h. , , ' ^°"^^ ^'^^^ive 

(Signed,) ^ 

^etitions-^Messrs G'l ^^' ^^• 

tei£-T~ -^ of the Ka 

^«. SmaoE Esquire, 

C^own Land department. 

Ut No. 33, Con..3=ion X ■ ^^' ^^' 

(Signed,) WAf.H.LEE. 

-Peeiors m the year 18 m^ '^' '"^ « Clergy Kes^rvn , 

/■ '11 



good; value 15s. per acre Nn «,i« i, i. = 

LieutoMM tC,B of,if„' irv^M"'""''" ^'■"™'' ""> April, 1824 u, 

nortfenemlof Briefak North A^rioa' & Sbato."^""' ™°"°' <'°"'- 

.llrr« 7? "P- ™ K^rSlLI J™. «„»«„„ .o .he neoe..., 

the Slideh, and the rafts which Pnm»ir / Montage of the sa d lot for the usa nV 
case of a Bale without such Sems th?J°'/"''"S" *'>^°"g'> tbose S ide' as in 

f>We from use altogether; and to nh nJn fu ^^*^® ^'"^^^ '" effect as closing 

,, ^our Memorialists humbly concpiv. 11- •' °"^'' *^® glides. ^ 

the Lumber trade is subjected for sS' *^^V°/'"^ °^*^e heavy charges to wh.Vh 



H. V. NOEL, 





not m 

and th 
done b 
value. ' 


u»^e th( 

said lot 

this plac 

is indisp 

would al 

the said 

Ealis. T 

effect, to 

above it, 

DOW gram 

Your IE 

to hinder i 

claiming ei 

also beg to 

that under 

And you 

Dated at 

^- H. TH( 

Jupant was willing 

the Ottawa, were 
)n her own U.E. 

h April, 1824, to 
^n Council of 4th 
Stream; reserving 

md Kincardine, 
Thistle, Gover- 

1n Council. 
ed in the Lum- 

y Sheweth : 

entertained for 
Lot No. 39, in 

the necessity 
t for the use of 
5 Slides, as in 
of the Bay in 
feet as closing 
re-purchase as 
with trouble 
ia constantly 


irges to which 
d in that trade 
he use of the 
U hinder any 


^' B. LEWIS 


'^ ""'^^of-JCL^tV^^^^^^ EarlofE, • 


^N Council. 

Clergy KCve.St!;i'? "'? '■"''->™ed that it i, „ f """^ S"^"^™-- 

That Your MemorJai;«f« t . P°"°^« curreJcv ' '' " believed will 

That in o«e of ,alo „„fc „„ . <'«P«>por..„.„„ .„ i.,",^ 

?to■l-f^K If ™^^^^^^^^ Be, to 

And your memorialists Z' I f""^^ ''^ "'"'^e for the Durnnr'"?"'^'^"' and 

^-ed at Bytown irr;: ATs'rr''" '''' ^'^ '"'''' 

(Signed,) "'^^^'^^ September, 1852. 



R. H. 

ARCHlBAT.fefl _ 



K. W. SCOTT, J.P ^^*'''^'» 
1>0NALD M. GRANT, J.P., 


, T, ^o. 102. 

Ist Petition of City of Bytown—Lot so A • 

LotJQ. A, in part, required for public 

General of Uritish North AmericaT&c. &a &o °^ '^' ^'"^t'^' Govcrno; 
The Mcorlal of the Town Council of the Town of Bytown; '^ ^^^^^'^^ 
That vour Memorinh'sts are, Infi,.™ - .i Humbly Siieweth : 

^air?--^;^^^^^^^ wJ.ore Lumber for .W „« of 

^ With 
before ti 
serve on 
of the C 

I cast 

ask: Ha- 


are both j 

matter ho 

AJ] vvhi 

Honorable I 

, S'^— Ihc 
""l^ed to do J 

^ardsof two 


ircd for public 

and Kincardine, 
iiistle, Governor 

In Council. 


crtaincd for the 
lonly known as 
le Township of 
Jolutc necessity 
he Bay of the 

for the use of 
:, part of which 
»r security and 
tly filled with 
to deprive the 

same in effect 

'mber trade is 
titled to claim 
" these slides, 
icssary for the 
n, as it as the 
3 is the place 
fn, and a sale 
'n to a depri- 

31* the use of 
lat respect it 
•n the entire 


*' "^'°^"' •« Council, tlu. 

fith Septenjbor, 1852. 
l^'gncd,) u lir „« 

«. ^r. SCOTT, Mayor. 


(Signed,) j:. jjj^ 

^'^^> Town Clerk. 

^^- Rochester to Mr S ^''' ^^^ ^ 

''-' ■ *^^""- ^^^"^^' ^^^'> September, 1852. 

forwarded to IIU p, , 

neral in r- - 
three Pet 

'^y to inform you ,' 'T^" Conces onT T "'° «"'« ^''at J,; jllr "^f'^^^" 
«»" the Maiil t'^'r ^ t''ey «.^ onTf"' °^ ^"^'"g out t ' ^°'''*"«'- Go- 

^g"ecl a Memo J, i;™f7='' ■" tho iSe ,i°"° *'•"• ">o U 

<""■ Goneral in Hun;"! '?''''" "''Ji-Csf I. ?,"'' """'*, tl at „L, ?""■"=» »' 


^o. 104 

«"»«. 12th October, isaa 

nonius Jong pcnji^^ 


in Council passed, he barSd and I mL^ "''^'' ''^"'1*^'^ ' ^^^' «fter the Order 
which was done with the't^ZleZt file Cr^' f ^''! ''''''''' '" '^' ^^t, and 
of a part o^ the interest for a verfvalpabre onS'"^';-- ^° ^^S^ment given me 

f^y ''Sintered in the Crown Laml Depa Le^^ '" '^ "°^ ''^"*^'^^«« 

After the Order in Council na^^J^ aif l! ?i^' A° P"''8"aoco of the Land Act 
the price of the lot as er L^ed fh'e "nte est ''''i ^l^lZ ^ '^''''^ '" *h "books,* 
money paid as directed into 'S; Bank of {^^^^^^^^ \'^^ Accountant, the 

me personally, and entered in tL account b3lwr'?' '^' '''^'^' *^«P°«J'«« ^7 
out, the lot for descrJption enteied^-n7hp rlf ^yj^e Accountant, the sale carried 
for Patent; all whicif coairnottVe be^^^^^^^^^ 7^ the description issued 

. I may remurk here, that when I saw the Orde-' 1 C .T """'^''''^• 
informed the Accountant that there wire ahm,^f^ Council after it was entered, I 
for. belougingto the Board of Worir o Jhat h*t'' """'' '.'^"* '^""^^ "°* ^e paid 
Government, ^' ^^ *"^' *here was no intention to mislead the 

clllnndlr^^^^^^ Jhelfrof* mrl^^^^^^^^^^^^^^ f .^--.^° 'o respectfully, I 

this man justice, or such a seeming ZI - '•''^"^'^ ^® ""^'^ hesitation in doing 

this instance, contrary ?o the Lahih.1";'°'*'°" *"P"""« « different course if 

similar circumstances^ The prtipil ll^o^h^ '" •!? T °^ '\'- ^^P^^tment und r 

deau and Oi.awa Front, are described frl l^hp R' .^T!1?^'P', ^""^^ °^ ^^e Ri- 

and running into the next Concession Xh T S ' •"?"^^"? *^« ^''^'^^^ ^^^ts, 

stances ; and I may name the lot self and lot. ^« ^Tlr °"'u^?^ 5*^ ^^«"«^«°t '''- 

as lots 38, 39 and 40 in the first Concession Ith^h u ^?' "^^''^ ^^""^ ^"^'^^'^^^^ 

, This lot was at firpfc reserved IrZT .' ^'°'''° ^''°"*« ^^^''^^f' 

local Government, but rrhfufeoMt^R^^^^^^^^^ ^fl'' ^^ connexion with the 

vey,,t was found impracticable to Lnstruitthi^A""'', but on inspectior. and sur- 

Chaudi^re, it was consequently constructed ror^.^'"^-' '^T.^^ *f^ ^^P'^« ^^ th« 

Rideau Eiver. Before this deni?on was come rT^A"^ ^/'^'^ ?y*^^"' ^"to *»>« 

Lord Dalhousie, and was permitted to enS^fnl' ^^''th. "^^e applicrtion, through 

Eeserve adjoining the Richmond 1 *% mto possession and occn,,y the Cicrffv 

20th March, 1824; MdorHim^^^ by his applicatiS 

March, 1824; and DiTaLh st P wV^^'J"/ ^"4^' ^th Februirv and 27th 

1824, of which severaTCmunicari^n^S'n *° ^"'^ I>'^lhousie, dated'9th April, 

of before the Honorable the CommSner canff '"'°* u"""^' '? ^^'' ^'^^ ^^^^^ 

Mr.ilochesterhadnorightof premnrion or^L V"'^->? positive decision, that 

occupy and enter into pSssessiorinTfirLitf- ^ '''"^ '^'^^ -<> -thority to 

that u:S^st;m t'hte 21 po^'r1o1o\'s^h°^^T^"^ ' -«-' *« -3', 

to the views of the Governmen delTblraf.f r^ ^1"'"^ ' ^" direct%pposi.;ion 

Governor General. WheT^he ktenf'fi*!^ sanctioned by His Excellency the 
hint was given to the Honorabl A^r You^ ^ ' ' ^""l' T''"" *° '^^''^^^ ^^at a 
I have heard that the HonorabJe Mr Y. "' "'^"^'i l^^ ^''^ *« ^e retained, and 
to write him a letter on theTub^^ctwhlr^^^^^^ ^""i ^^"' '^' S"rv;yor, 

mformation I have from Bytown' and alsTdl !*''"' "* ^'"^^^"'-" "°*«1- This 
Dawson, of the Crown Lands DeDartmen? i! ^^^^^^ "^^° ^^ ^^^ "^"'e of 
Bell, Russell, Spark^. and McLacMn wh'o ^ '^ w f ^°''"^^ repeatedly with 
town, set to work in gettino^n SSn^ L- u "^'^'^^^^^^ °° ^^^'"^ return to By- 
letter, of the 14th s!Az^cz'F:mtn:s^t"'' *° ''^ ^^^'^-^^'^ 

r^ maketh 
Rochester b 
Reserve, Toi 
■Rochester, ai 
*id paid him 
»ame Broken 


' / 

Nepean. I nm 
handed to Hia 
and which waa 

Honorable the 
ifter the Order 
in the lot, and 
ment given me 
»nd which waa 
he Land Act. 
I in the books, 
icountant, the 
t deposited hy 
he sale carried 
Jription issued 

vaa entered, I 
i not be paid 
:o mislead the 

espectfully, I 
tion in doing 
ent course in 
rtment under 
;h on the Ri- 
roken fronts, 
different in- 
re described 

ion with the 
ioft and sur- 
apids of the 
wn, into the 
on, through 
the Cicrgy 
)plication of 
ry and 27th 
i 9th April, 
been aware 
cision, that 
luthority to 

~__ J 63 

request Mr Vih/l ^';'''g *>een dispose^^ had noty to reZ? k .¥' ^^^^^ 

I have the honor to be, Sir, 

Your obedient Want 
(oigued,) pmxrTN , 


Sworn before mo at R.. - ""*■''• 

"'catBytown,thi3nthdayof0.fL . 

(Signed,) DAm^r X"' ^•^" ''''' 


County of CarJeton. 

I CHARLES HFTsTPv ^^' ^^^• 

Sochtttl^r,\-<^ ^';V':SX1^^'^^^'^- the County ofP , 
Reserve Tn^iu- ^''"^" «" the JJroCn^ ®^""" ^^ the year lsVfl^Ti9*''^^ton, 
SocheI?;r an^'^^'P «/ J^epean, That I f '^^i^^^^t ^"X thirL '• ^^- ^ohn 
and paidh-rren^:"P'^.'' ^h« said HouaeThri?f '^' empby o'^'fT-'.^i^'-gJ^ 


law, Malcolm McKinnon, and is now occupied by another person, un^r the said 
John Rochester; and furthermore, I know that upon my arrival in the l^fovince in 
the year 1836, the said John Rochester was then in possession of the said Broken 
Front, and understood he was so, in possesion, for several years before that period, 
under a purchase from Isaac Firth, and has had a continuous possession up to this 

P®"""^' (Signed,) CHARLES HENEY. 

Sworn before me, at Bytown, this 11th day of October, A.D., 1852. 

(Si med,) DANIEL O'CONNOR, J.P., 

County of Carleton. 

No. 107. 

(Copy.) Government House, York, 4th February, 1824, 

My Dear Sir,— Sir P. Maitland has received a communication from Lord Dal- 
housie on the part of Mr. Firth, now occupying the Government Store at the Rich- 
mond Landing. If Mr. F. will forward to me a Petition for a Lease of the Clergy 
Reserve, (Lot No. 39) I will give immediate attention to it. In the meantime 
His Excellency allows Mr. F. to take possession of and occupy that Lot. 

My Dear Sir, &c, &c., &c. 

(Signed,) G. HILLIER. 
Major Burke, Richmond. 

(Copy.) Government House, York, 27th March, 1824. 

Dear Sir,— The Patent officers here are laboring with all possible diligence to 
complete the deeds for all persons returned as entitled thereto, and I hope that long 
before the period of the General Election, all such will be in possession of their ti- 
tles. ; ^ 

I shall be able to answer you finally about the Richmond Landing and adjoining 
Clergy Reserve, on hearing further from Head Quarters ; it is by desire from 
thence that the step in Mr. Firth's favor has been taken here } should the Military 
Government finally resolve on not requiring the Lot, Firth may, I should think, 
have the Lot at once, or if otherwise perhaps a lease at a nominal rent might is- 
sue to the Deputy Quarter Master General who could grant Firth a license of oc- 
cupation during pleasure. 

Dear Sir, &c., &c. 

(Signed,) G. HILLIER. 
Major Burke, Richmond. 

Stamfo^O), 9th April, 1824. 

No. 108. 


My Lord, 

Dear Lord Dalhousie.— On receipt of Your Lordship's letter of 2l8t January 
last, I directed that Mr. Sherwood should be written to in order to ascertain on 



ler the said 
Province in 
iaid Broken 
that period, 
n up to this 




ary, 1824, 
a Lord Dal- 
at the Rich- 
if the Clergy 
le meantime 


,rch, 1824. 

diligence to 
}pe that long 
»u of their ti-* 


md adjoining 
desire from 
the Military 
should think, 
ent might is- 
license of oc- 


Kejea^rrrn theTeS ne?^? ^'*\* P'^P^^r ^^^^ ^-<J - the Township of 

Landing was^rgSrt^M^l^^t"hr^fi^^^^^^^^^ ^-- ^^^^^ 

matdiro? the'Sri?^^^^^^ nomj , , ^^^ ,, , ^^ ,,^ Com- 

Firth can becomrthe sutCnt p 1 ^ p r ''\*\ '^''^ ^° which case Mr. 

terms your LordshW, may ee fit B^tS '''' ''^'^' '' ""^ V' ^^'*' "P°° '^'^ 
hereafter required L pub He n^e/wS ,? ""^ P"'"'.^^ '' «» '"'^^ ''^ 

letter and diagram have been latefrrpl/i / permanently secured ; the enclosed 
not be sorrv if it h7fm,n^ ^ ^""^'"^^^ ^'"*"" ^'■- «berwood. I confess I shall 

tlemanZL demand anlrr^^^^ I' '°"°^"^^ '"'^ negotiation with that gen- 
to gaawntee theTtle. ^^ " '' "' '° ^' ^^''^ ^^°'^'»«°t' especially as he decline. 

I remain, &c., 

„. ^ „ ,. (Signed,) P.MAITLAND. 

Hw iiXcellency Lieutenant General, 

The Earl op Dalhousie, 
&c &c., &C., 

County of Quebec 

No. 109. 

to wit : 

' \ F[V^^^^^^^T!ON, of the Township of Westmeath, 
T ,. u-Kir'i. X K , *° *"® County of Renfrew, in the Province of Canada 
IZ^Jr^r^rl T^''^ °**^ ""•^ «^>*^ 5 That he was present a C days ago, when 
L the Cse o?\? '' r-r ^'■^t'' ^''^''''' «"d Hugh CarmichaefAgent 
Slmour reuLp t^ tr"^.^'''"^^ ^ ^?" «"? ''««^^'"g ^^ ^'^^ ^iUs of Mefsrs. 
ThTilit} A I ^^''P P^'f ^® ^°* ^°- 39. in the Township of Nepean. 

heTook iMS?r"- "*'r"'''-*''^* ^' ^'^'^ ^^'- Carmichael admit t^hat the^rt 
Lle° thi?l,p S ° ^'fnatures m Bytown,toa petition or remonstrance against the 
Si ;inn. . °? '"^^^ '' T i""' ^^^ P^^'P^^e «^ i"J""ng Mr. Rochester, and that 
rL'idtgTt^":;'.""" "^'^ "^^ A. J.Russell, of the^Crown Land Department, 

. (Signed,) HUGH HAMILTON. 

Sworn before me, at Quebec, this 25th October, A.D., 1852. 


LprU, 1824. 

2l8t January 
I ascertain on 

No. 110. 

iPetition of William Lyon Mackenzie, on behalf of the Mstate of the 
late Robert Randall.— No copy kept, but second Petition, 12th 
November, gives his casefuUy^ 


'..J,:. :rm-m..iM/!,^-% M «m jlWS!! ll* ^.V*S1 !:l'r Jli'» f» S ^}^^^ 


Mr. Commissioner Rolph to Mr. Mackenzie. 

Jrown Land Department, 

Quebec, 22nd October, 1852. 
Sir,— I duly received your letter having reference to Lot 39, in Concession A, of 
Nepean, with enclosures. 

^ The Claims set up to the Lot in question have long been under the considera- 
tion of the Government, and much conflicting action haa been taken thereon at 
various times. The papers connected therewith are consequently voluminous. 

The case having thus become of importance, I am desirous that it should be 
thoroughly investigated, and justice done upon its merits, and I have no objection 
to communicate any papers calculated to throw light upon the subject to any one 

The papers desired by you are now being copied, and will very shortly be hand- 
ed to you. 

I have the honor to be, Sir, 

Your most obedient humble Servant, 

"W. L. Mackenzie, Esquire, M.P.P., ♦ 

«S;c. «SiC. &c., Quebec. 

Mr. Meredith to Mr. Mackenzie. 

Secuetahy's Office, Quebec, 2nd November, 1852. 
Sir, — I have the honor to acknowledge the roceipt of your letter, without date, 
and its accompanying Memorial, with reference to the Claim of the Estate of the 
late Robert Randall to Lot No. 39, Nepean, and broken front, and to inform you 
in reply that it has been transferred to the Commissioner of Crown Lands, through 
whose Department all matters connected with Public Lands are brought under the 
notice of His Excellency the Governor General. 

I have the honor to be. Sir, 

Your obedient Servant, 

E. A. MEREDITH, Assistant Secretary. 

W. L. Mackenzie;, Esquire, M.P.P., 
&c., &c., &c. 

Mr. Meredith to Mr. Mackenzie. 

Secretary's Office, Quebec, 11th November, 1852. 
^ Sir,— I have the honor to acknowledge the receipt of your letter, of the 10th 
instant, requesting to be heard by Counsel before the Governor General in Coun- 
cil, m reference to the claim of the Devisees of the late Robert Randall, to Lot 39, 
Front Concession of Nepean, and am to inform you, that your letter has been 
transferred to the Honorable Commissioner of Crown Lands, to whom all your pre- 
vious communications upon the same subject have also been transmitted. 

I have the honor to be, Sir, 

Your obedient Servant, 
E. A. MEREDITH, Assistant Secretary. 
W. L. Mackenzie, Esq., M.P.P. 


^o. 111. 

Report on Messrs. Mallnoh ar,^ n i. 

T.CO... . -ltt;t, ''»«''- '"^-^. Con. 

■ine Uomrtussioner of Crown Ln 1 I 

port upon the documents submiTted jJT' *° '""J^^ * supplementary Re- 
eince the Keport of 24tl, An^ustt^ '"'' °^ ^^"''^''^" ^"^ ^^^"'>«'t 

" On the 2Gth Aiirrn^t -, M • '^ 

thenm Quebec, were procurecl/r;fch tLfo^fn ^'"'^•'"'° ^^"™ *''« Ottawa, 
^ '; ' The undersigned do not nfflf . T ^^^"o^ving 13 an extract :_ 

; ; jniq.uitous expedients which £ £>. '^"^'''",* "^ ^^^^ ""^'^ extraordinary and 

and Malloch exists, there is, on the olher hlf '^ ''^^^ ?" ^'^^ P'^^^^ of Kochester 

; to be noted, a, 'he til L'vV dl'^S:™' I'a,!*^^^^ <<°»r'' '>"»- « -'Wng „e„ 
J irth to nnminw »!.-> ni «'«»wu irom the exnressmn in tu^ • • . 


"The Scr how r ' rthauhe r .^-'""^ '^^ *^"^'""«^ the wX. ^^^^^^ ^^'"^^^ 

;; and the Clergy Rerjv't n S e=e: " ""^'" '^*' ^"' ^ '«' ^o. 40, 

Richmond landing' as 39 in concession A „"'V'''' '^ ™"«^ 'adjoining the 

" with submitted. concession A, as may be seen by the sketches here- 

'; firsT'c^nc^ssb:; iWeV^nrn'To VeT ""% T^*'*"^^ ' P^* <>' ^ot 39, in the 

base their claim on the conTr^y asSn ^^^cm!." 'f "^"-"^^^^ (thoiigh the? 

'' transaction between themselve/r,Snri"i'^J? they have, in making a W 

;; a certified copy of a memo L^T "^^^^^^^ distinction; in evident wheSo 

Rochester to Malloch, rec^istered hv tl '"• \u * '*''.'"^' '° ^9, concession AT by 

11th August last, is hei-ew tttbrnitlT '"k'^' -'^'1''^ °^^« ^' %t<^^°, on the 

" scribed in a corre'ct and le^al mlnn^ toV ^°''5'°" " ^''' '' ^^ 

" The allegations in Mr m21wJ\ !? ^T °"^'' ''^''•'°'" '^ requested. 
" report alrea°dy submitted tfwhi-chfhl'r''' ^''•''- ^een sufficiently noticed in the 
; unwilling expression ortheflct that th.°T'''7"'j: ^"^ °°^^^°S to add. but the 
" fZ-iveani precipitate condu^^ advantages were the result of 

of the Commissioner, in the coursp of nn il^ • ^ Department in the absence 
" Its proper moral government tTp^L .K "'' V" ^ ^^^ ^^J»olly inconsistent with 
" the By^own Ma|strer "L Thdr mem^iT'^' '" '^ ^^*^"^*^^ ^' ^^^^^ by 

: r '"^^' -" ;:?S1^^ ^^e s^uauers upon lot 39, con- 

busmess, prior to the time'Xu Sl?Mo.I n° '' • '"f^ '""'"'^ "^ Departmental 
" claim. '^"°" ^^^'' ^lalJoch acquired an interest in Kochester's 



*' the memoriala of the Town Council of Bytown, of the Magistrates of Bytown, 
" and of the Lumber Merchants, which have been since referred. 
" Kespectfully submitted. 

" Crown Land Department, 

'* Quebec, 9th November, 1852." 

No. 112. 


A Memorial to be registered of an Indenture of Bargain and Sale, tripartite, made 
the eleventh day of August, in the year of our Lord one thousand eight hundred 
and fifty-two, in pursuance of the Act to facilitate the conveyance of real property, 
between John Eochester, senior, of the Town of Bytown, in the County of Carleion, 
in the Province of Canada, Yeoman, of the first part ; Barbara Rochester of the 
flame place, wife of the said party of the first part, of the second part ; and Edward 
Malloch, of the Town of Bytown, in the County of Carleton, in the said Province, 
Esquire, of the third part ; whereby the said party of the first part, in consideration 
of the sum of five shillings of lawful money of the Province of Canada, paid by the 
aaid party of the third part, to the said party of the first part ; the receipt whereof is 
acknowledged, did grant unto the said party of the third part, his heirs and assigns 
for ever, all and singular, that certain parcel or tract of land, and premises situated, 
lying, and being in the Township of Nepean, in the County of Carleton, in the 
eaid Province, containing by admeasurement, ten and a h^f acres, be the same 
more or less, being composed of the west part of Lot 39, in Concession A, fronting 
on the Ottawa or Grand River, which said piece or parcel of land is described as 
follows : that is to say, commencing at the water's edge of the River Ottawa, in the 
limit between Lot No. 38 and 39 ; then South sixteen degrees East, ten chains 
seventy links more or less, to the allowance for road in rear of said Concession, and 
in front of the first Concession ; then North sixty-six degrees thirty minutes East, 
along the Concession line, eight chains eighty-two links ; then North sixteen degrees 
West, twelve chains seventy links more or less, to the water's edge of the River 
Ottawa aforesaid ; then Southwesterly along the same to the place of beginning. 
To have and to hold unto the said party of the third part, his heirs and asssigns, 
to, and for his, and their sole and only use for ever; and by the same Indenture it is 
witnessed, that the said party of the second part, the wife of the said party of the 
first part, hath thereby barred her dower on the said land ; which said Ijidenture is 
witnessed by John Rochester of the Town of Bytown, Junior, Yeoman, and James 
Rochester of the same place. Yeoman, and this Memorial thereof is hereby required 
to be registered by me, the said grantor therein named. 

Witness my hand and Seal, the Eleventh day of August, in the year of our Lord 
one thousand eight hundred and fifty-two. 

(Signed,) JOHN ROCHESTER, [L.S.] 
Signed and Sealed in presence of 

(Signed,) John Rochester, 
" James Rochester. 

County of Carleton Registry Office. 
I do hereby certify that the foregoing is a true and faithful copy of Memorial 
number five thousand eight hundred and sixty-nine, recorded in this office, at the 


!8 of Bjtown, 

ipartite, made 
ight hundred 
real property, 
y of Carleion, 
hester of the 
; and Edward 
aid Province, 
a, paid by the 
ipt whereof is 
rs and assigns 
nises situated, 
rieton, in the 
, be the same 
n A, fronting 
9 described as 
)ttawa, in the 
it, ten chains 
incession, and 
ninutes East, 
xteen degrees 
of the Eiver 
[>f beginning, 
and asssigns, 
ndenture it is 
1 party of the 
Indenture is 
.n, and James 
reby required 

r of our liord 

iR, |_Li.S>J 


hour of ten o'clock forpnnon ^r-arj , ' 

(Signed,; JAMES H. BURKE, Dy. R., * 

County of Carleton. 

Copy of AFFroAvm 

inaketh Oath, and saith ; That he was nS IT'",' !i"^*''' ^''•^*" M^™^"'^' """'ed, 
the said Memorial relates, dZsl^n^A' ^''JT'a ^°^ f'^ ''^ ^^^ ^'''J^"*"'-^ *<> which 
named John Rochester, a^d ffia Roohp«f '\ ''*' -"^ T^ ^^^^^--^^ by the said 
Edward Malloch the Grantee and ?h«tfr' ^u ""t' ^^^ Grantors, and also by 
of the said Indenture; and thlt he thi nVn? «"^7^^i°g witness to the execution 
s^rned and sealed b^ the therein nal^PiTV^^^ 

thereof, which said kemor al was ^Sedht\^'''Yu''''4. ^'"^"^' ^'^^ ^^^g^^try 
subscribing witness, and that bXa^KrunL^^eL'^Lf^^^^^^^^^^^ ''''' ^ '°*^- 

(Signed,) JOHN ROCHESTER, Junr. 

Swombeforeme atBytown,inthesaidCounty,this Eleventh dayofAugust, 1852 

(Signed,) J. B. MONK, 

' A Commissioner in B. R. 

of Memorial 
office, at the 

Mr. Commissioner Rolph's Report o„ W L. Mackenzie's Petition, for 

39, Concession A, Nepean. 

"^iB^^^^^ltof^':^:. " '"' ^"«= "' «»»- «--^ f« Lot 


« t^of HrSi:etnc;th?ro^^^^^^^^ '\'^T' *° ^«P-*' f- the -forma. 
« Randall, and accompan^yTng *° '^' '''''' '^ *be late Robert 

« CoLtslfn A^'of t'hlT''°°i- '''ixT^^' °" ^'^^^^ °f ^«"^«"'« Estate, to Lot 39 in 
'• of B^ rn° thich ts l^ed^°Th'^ ^^^ ^^^- ^^e Town 

« in th^ DemrtrnTlLdttol "/'^ ^''^ ^^?^°"^^' ^"^ ^''"^ ^'^'^ -^-^t-n 
« w««7w! -I '• . ^^ Rochester's case, it appears that Mr. Randall's lease 

" Trent '^^"'*'°°^ ^^''^"'''^ ^"'^^^^^'^ ^^^ non-payment of ill 13s iTd! 

«mI^n%rsi'ned?n'irr''ffl''T5'^^°" ^"'^^'^^ ^^. ^^^'"^ ''^^^^t^^ *«> «"d the 

■ — ^l!f!!!^^L!!Cr^^!^^ require d for public purposes."* 

* Term of Lease from 1809 to 1830. Declared forfeited 182L 





" Mr. Randall appears to Imvo submitted numerous petitions to be allowed to pay 
" the back rent, and have the lease renewed, both before and after the term to which 
** his first lease extended, which, however, uniformly met with a refusal, on the same 
" ground, up to the date of his last petition, in 1833, viz. : that the land was re- 
" quired for public purposes. 

''There is, however, a letter from Mr. Secretary Mudrrc, to Mr. Randall, of 6th 
" of February, 1830, whicii so far promises him a renewal of the Lease as to state, 
" by direction of the Governor, f that if it should not be required for public purpo- 
" ses, " His Excellency thinks that there will bo no objection to your Lease bein"- 
" renewed for the usual term." ° 

y It appears that Mr. Firth, who was then occupying an old Government build- 
ing on the " Richmond Landing " Lot (No. 40), where he then, or afterwards 
" kept a Tavern,— as indicated on the accompanying sketch, No. 1, — obtained per- 
*' mission about the year 1823 (being immediately after Randall's Lease had been 
" cancelled, but before the term of it would otherwise have expired) to occupy 
" without Lease, 39 in the first Concession, but was uniformly refused a Lease on 
" the same grounds, viz. : the requirements of the public service. 

" Mr. Firth, under his permission to occupy, afterwards disposed of his interest 
" in Lot 39, in the first concession to Mr. Rochester, and took upon himself also 
" to include Concession A, to which he, for the first time, made any pretension. 
" Mr. Rochester having improved Lot 39 in the first Concession, was finally al- 
" lowed to purchase so much of it as was not required for the public purposes : 
" But any claim to Lot 39 in Concession A, now under consideration, was at that 
" time denied by the Government. 

" It may be necessary here to remark, that the documents now submitted in 
" support of the claim of Randall's Esrate, indicate that the permission given to 
" Firth to occupy the Government Building at the Richmond Landing (on Lot 
" No. 40) was separate and distinct from the permission to occupy 39 in the first 
" Concession. The position of the various points adverted to in the correspond- 
'* ^nce, and the separate Lots, are exhibited in the accompanying sketch, No. 1, 
" being a copy of a plan by one of the Ordnance Officers at Bytown. Any refer- 
** ence, therefore, to contiguity to the Richmond Landing can have no bearing on 
" Lot 39, Concession A. 

" It appears, indeed, by a Departmental Report by Mr. Bouthillier, that it was 
« recommended that Rochester should be allowed to purchase 39 in the first Con- 
" cession, but that 39 in Concession A, should be sold at Public Auction. Con- 
" trary to this recommendation, an Order in Council was passed, 17th February, 
" 1846, allowing him to purchase both Lots. But this Order in Council was re- 
" scinded by another Order in Council on the 20th June, 1846,— and both Lots 
" were ordered for sale at Public Auction, which Order in Council was coramuni- 
" cated to Mr. Rochester, who petitioned against it ; which was followed by anoth- 
" er Order in Council of first July, 1846, which ordered 39 in the first Concession 
" to be sold to Rochester at the valuation of the District Agent, but ordering 
" Lot 39 in Concession A to be sold at Auction, — thereby disclaiming any claim 
" of Rochester to Lot 39, Concession A. 

" Upon a further appeal Rochester, he, by Order in Council of 25th Sep- 
*' tember, 1846, was allowed to purchase at the valuation of the Town Lots into 
" which it had, in the interim, been surveyed. The following is an extract 
" from the Order in Council last mentioned : —" In givinr: this advice, the Com- 
" mittee deny any claim of right on the part of Mr. Rochester." 

" Mr. Rochester did not choose to avail himself of this Order in Council, and on 
" the 8 th Decem ber, 1847,— m ore than a year afterwards,— another Order in 

+ Major-General Sir John Colborne, now Lord Seaton. 


" Council was passed, orderiniT fi,„ t t " " "~"~ " — ^^ 

tu,„ ; which i. another ^d*'.X^rdLtl'^„'?^f''?i"' "'' '»''' " A- 
" Against thU Order ia CounnM M „ "f *'"•• Koohcster's claim. 

Order in Council ho woT p"™ £ "*''«""• "»"!» -PPeaW, and by another 
Order .n Conncil of -2,0, sfplS r 1817,^°'° "'^"'"■.'''"S '° «''« '«"»» "f 'ho 
„ I^«.. provrded ho availed hLclf ^^^ TV^ XrhetTt ^o? LT 


claim on the part of the petitUc "T ..V '''"^ *". ^''"^ ^''° »»^««n°° of any 
history of the past I^eparlental and Exe n' "" ''/'' ^'^''"'"«"* containing the 
recom,nendation. Upl,n this, an Order in crunoifV^;;' a"' '^''''^ "« P-^'^^l^^ 

own Magistrates estim'ate the value at fVooO Concession; but the By. 

Ihe Order in Council of 5th Auo-ust is'-^o L 1,1^.^ 
has never been communicated to AlT R.ll / ^' '"f^'?.*'*^ ^'^^^ Department, but 

«T Kotf r ^^ ''^^ ^^^f:::^i:^'' ^°"'^^^^ ^- ^— 

;; the s^fe^^^ deposited with the Accountant 

" It is a frequent occu rcnce n T n '"^J''* *° ^^'' ^^-^hester's order. 

;; these circuuiltanclr'^ASae J l\SS 'f "^^T^ ^^^ ^^^^^^ -^er 

payment to the Accountant in an ic ,tZ 't. ?l ? '" ^'■'^'' '" C*^""«''' '^"'^ « 

inent_ never has been, resarde^as 3 . ;„ ; ^f- '' ''",""S""'^ ^" ^^'^ ^«P«rt- 


»«< no .nfficiant reser™ „°n U bcoi Se" for {Jr™'""'"'"'' "f t" «"^'"«/' 
"=e..a„to >^SC^^^-::i^l^^. onthe^re.rt^- 

;:«th a^irx:hSf;„t,^r4t^rr^Ai ^7t T-"'? ='-'-' "■-' 

" herewith snbmittid from D MoL,.Min ?'"•' "" r"^'=''"=° "''^''of ^ '«"" " 
" Town of Bvtown nnd „n„ f, if , ''^',?""'"=' Member of Parliament for the 
" Province, am Treside„?^fi^? '*<> ?"'-^''i' ""'' "' ""^ »"==« Surveyors L ho 
" dum from Mr. sSve "VE, 1' "t"''"« f °'- '^"<^""'-. "H i« a MemoraS! 
" vigatiou on the Ol7a,vr,wX . i' /''""'"S"!? f==»™' "-d importance of the na- 

:Ba,!L"rLtU Jwtl^'Srer^tlFde"'"! '?'.',"'"' "••-» -""" '■"' 

he dispensed with , and ^^'itziT;^^;^!:;:^:'!^,.:^^^^^ 





«.fr i-t^^ii^i^iiTi'** 


*' bability of a Canal passing through the Lot, the expediency of which is so forci- 
" bly maintained, it would bo a short-sii^hted policy that would deprive the public 
" of the means now at the dinposal of the Government for effecting it. 

" Under the foregoing circumstances, the Commissioner of Crown Lands felt it 
*' to be his duty to recommend that all preceding Orders in Council should be re- 
" scinded, and the Lot reserved for public purposes. 

" The recommendation to rescind the preceding Orders in Council is fully borne 
" out by the rescinding of several of the Orders in Council in this case, even after 
" they had been published and acted on — some of which orders, indeed, were rescinded 
" at his [liochcster] own request after publication, though affecting the interests of 
" others who had expressed a wish to purchase under them. 

*' It is proper further to observe, that the Squatters on Lot No. 39, Concession 
" A, (who as resident Squatters for a number of years, present a claim stronger 
** than Mr. Rochester, who lives on an adjoining Lot,) have petitioned to be al- 
** lowed to purchase at public sale the Town Lots which they have improved and 
** Bettled upon for some years. 

** The above details admit of a contrast of the relative claims of Boohester and 
'* the Executor of Randall. 

*' Rochester derived no claim through Firth, who never had even liberty to oc- 
** cupy, or ever did occupy. Lot 39, Concession A, ; nor has Rochester put for- 
" ward any claim before the Government which has prevailed, or which has not 
** lapsed at his own choice. , 

** Randall was the original Lessee of the Crown, not only of Lot 39 In the first 
" Concession, but also of Lot 39 in Concession A ; nnd although under the rigorous 
*' application of the Law, his Lease was not renewed, on several applications 
*• from him, on the ground of the Lot being required for Public Service, yet he 
** shews a letter of the 6th February, 1830, (this is the period to which his Lease 
** originally extended,) from Secretary Mudge, stating, that if it should not be re- 
" quired for public purposes, " His Excellency thinks that there will be no objec- 
*' tion to your Lease being renewed for the usual term." 

" On the part, therefore, of Randall, it may be observed that up to a recent 
'' time the Lot in question has been considered as in whole, or in part, necessary 
" to be reserved for public purposes, and is now wholly so by the accompanying Re- 
*• port from the Department of Public Works ; and as he [Randall] has never been 
*' informed of any intention of the Government to give it up as a public reefirva- 
" tion, he, or his Executor, has had no opportunity afibrdea of hitherto availing 
** himself of his claim-through Secretary Mudge's letter. 

" It is, therefore, submitted to the consideration of the Council, whether, if the 
*' Lot, or any part thereof, should be, at any time, alienated from its purpose as a 
" public Reservation, the Executor of Randall has not a claim deserving of consid- 
*' eration. 

*' Respectfully submitted, 

*' Crown Land Department, 

" Quebec, 9th November, 1852." 




ih is so forci- 
fQ the public 

Lnnds felt it 
should be re- 
is fully borno 
ie, even after 
'ere rescinded 
e interests of 

, Concession 
aim stronger 
ed to be al- 
nproved and 

loohester and 

liberty to oc- 
ster put for- 
hich has not 

9 m the first 
' the rigorous 
rvice, yet he 
ch his Lease 
Id not be re- 
be no objec- 

I to a recent 
rt, necessary 
ipanying Re- 
is never been 
iblic resdrva- 
erto availing 

lether, if the 

purpose as a 

ing of consid- 


No. 114. 

To His Exccllcnc}-, &e t n 

Thohumblorctitlonoffi.n , In Council. 

etU.on of the undcr.gnca Household.., i„ the Town of Rytown ; 

That your Petitioners have l.oon r "i^si-ectfully shkwkth i 

39, Concession A, on the (Wv ^.^t" ^'"'T^ '''''^'^^ «» Vortlom of Lot No. 
Carleton, now .urveyod into T^. , "i ^f 7';;'"'' "^' ^^'"^'^"' "> ^''« County of 
of such portions when the Govcrnmen . .: '. > " V'^ .""^ hcconuu. purchasers 
into market. ovcrnmcnt nught be pleased to bring the said Lots 

no tem^rrbitVeeupa,^^^^^^^^^^ on these Lots, but having 

recognize as pre-emptive, they felt no ,^1° Government might be pleased to 

nien ts, as the extent of their mean "is ina^^r"'"' •", 'y^'' °^ «^«<=* *«"«. 

Petition. "'^""^ 13 in accordance with the necessities of theii 


Vl.!i',°>'',r™7«'l ^ot. conlainod in Lot No. 39, 

Jcrs in Council for the sale 

v.v,w^c»3ion j\, uttawa Front, TownsI.In nf' >J , ^^onimnea in J^ot No. 39, 

may obtain titles, to enable hem to cLmWh^' '"' '''^''''^^' ""' P"'-«hasor8, they 
right of Citizens in the raunaoc.i^nt oMf.n ' • '".' ^";P'?^«l"cnt8 and acquire thj 
And your Petitioners, as ia d^Ubo . " If! 1"! ^'^^"'-^ ^^--^ ' 




mark. ' 


mark. ' 




■r,.^ his 







« his 


_ „ his 


••„ hia 


^ hia 













Subdivision, No. 39, Ottawa Front. Nepean. 
m Lota l„ which reference ia made iu thia Petition, .« tho« cWmed by Mr. 


John RochcBtcr, nnd who hns on several occosioDfl brouglit the subject under the 
considcrotion of tho Government. 

Since tlio Order in Council, of tho 14th February, 1848, on It being mado 
apparent tliat Mr. Nicliolas Sparlis' claim could cover only ii few of the LutH, tho 
Agent of tho Department waa instructed to oH'or to Mr. liochcHtcr tho renuiindcr 
of them upon tho terms required by tho Order in Council of the 28th of January, 
1848, to whose reply to Mr. l)urio reference is requested. — [I8th Fel)ruary, 1840 — 
22nd Juno, 1846.— let July, 1846.— 2oth Scptombcr,l84G.— 28th January, 1848.— 
14th February, 1848.— 11th March, 1850.] 

Mr. Rochester again addressed tho Department on the 16th February Inst, and 
in replying to his letter I called upon him to state distinctly whether or not ho 
intended to avail himself of the permission to purchase, (allowed him in September, 
1846, and January, 1848,) otherwise notice would bo given that tho Lots were open 
for sale to any one desirous of purchasing. To this letter a reply has not yet been 
received.— [28th June, 1850.— 21st February, 1852.] 

Under these circumstances, and it may be observed that Ilochcster'a right to the 
land has always been questioned, it is recommended that the prayer of this Petition 
be granted, by notice being given that the Lots (with the exception of those claim- 
ed by Mr. Sparks) arc open for sale at tho prices approved by the Order in Council 
of 8th December, 1847. 

(Signed,) JOHN ROLPH. 

CaowN Land Department, 

Quebec, — June, 1 852. 

Since the above Report was made, the Commissioner has had reliable information 
that some of tho numerous Squatters upon the Town Lots on Lot 39, Concession 
A, of Nepean, are very good industrious people, with considerable improvements, 
and with tenements as comfortable as the circumstances would permit. 

(Signed,) JOHN ROLPH. 

9th November, 1852. 

No. 115. 

Petition of W. L. Mackenzie, relative to Lot 39, Concession A, Nepean. 

Quebec, November 12, 1852. 
To His Excellency the Earl of Elgin and Kincardine, Governor General of C" 

nada, &c. &c. &c. 

In Councii. : 

The humble Petition of William Lyon Mackenzie, Acting Executor to the 
Estate of the late Robert Rand\ll, of Chippewa, 

Sheweth : 

That since your Petitioner's hht r.^-^cal to ihe justice and equity of Your Excel- 
lency, in the matter of Mr. Ra iali'. 1 eytwe, Lot 39, 1st Concession, Nepean, in 
the Ottawa, and Lot 39, Concesion A, in said Township, he has been permitted 
to see certain papers, from which he has ascertained : — 

1st. That Firth never petitioned for leave to occupy the brolcenLot, Concession 
A, numbered 39, (also a Clergy Reserve,) but only for a License of occupation of 


39, in f 


Lot 39, 

verso po 
sion of t 
niigiit hi 
nicnt, aa 
4th. 'J 

5th. 1 
in tho fir 
that Lot 
though ti 


1st. t; 


2nd. I 

keep poss 

3rd. T 

eided, thi 

4th. Tl 

39, Concc 

5th. Tl 

perty on t 

iron; that 


6th. Th 


7th. Th 

Courts an( 

(See : 

(See J 


' *i. Thi 

l^«, 3 thui 

(See I 

9th. Tht 

alleged deb 

Court, that 


(See a] 


10th. Th 

tice done to 

(See a[ 


:t under the 

being inado 

lie Lutfi, the 

10 rcninindcr 

of January, 

jry, 1840 

ury, 1848.— 

iry Inst, and 
3r or not ho 
t8 were open 
not yet been 

riglit to the 
this Petition 
those claim- 
!r in Council 


s information 
, Concession 


V, Ncpcan. 

12, 1852. 
icral of C" 

CouNcn. : 
3utor to the 

Sheweth : 

Your Excel- 
, Nepcan, in 
3n permitted 

:, Concession 
2Cupation of 



GoCrn'nl?"""''^"' "'''°'' '^''' K°<=''«ter ho- obtained since by^purchai^o from' 
I-tt;!orpt;:STus^ require-certaln parts of the broken 

vo;::'.^;!:^:;:;;;';^;^^^^^^ boon no nd. 

sion ohho broken Fron' ^ "^'' ""^7, «PP 'O'lfor it j Kundall wa« in nosscs- 

Lieutenant Gove no C ulC^^ TH '''^'■^^''•""^ ' ^^'"^ asnuL by 

n.igla have it, payin,^ arre.^^^^^^^^^^^^ ^'"1^=.'' for public uses ho (Uandall) 

(li«ndall'H)namori1^Xu^^^ J^c««o ; and that hii 

-cnt,,l, Lessee ;u^d'r;:,tt^,^ ^^-'^ ^^^ ^'- ^ovcrn- 

Malb^h^nl t^ScTerTatrtfiw:"^^ ^ V^'^'^" ^'^-"*' -- ^^cssrs. 
1844. ' ""^'"-^t A^ochcatcrshrstapphcation was only made in 

that Lot, to l{„rl,e,lo;, inS,. b oC [o 39° I J!," ''•''■ "^'?"^ " ""'■ '» 
though to it ho novor had any right at „"l ' •"°°«""»" ^> "' "'» "><=. al- 

^rTW i!""" T' T^^f^^'y «"•>"!'» to r„„r E«dle.oy:- 

cot..i™.'a;;dT9:i!;"tolrr'°°''°°°°"'^»°"'^^ 3». - >•' 

cid't th'etra'A'To^LTo^tnlir '"''' '"'"= '"""'-^ '» P"""" -- «» T- 
39'co„lto"„T° ''"' "'""'"" '"" •'""" "'"'- I--™ »■■ °-P»"t of broken Lot 

(bee 1 of page 1, of appended Petition.) 
(bee 2 of page 2, of do do ) 

(bee 9 of page 19, of do do ) 

.'»: ';.!!;: ta'-to-Sa"" -P--"'«'^'»G-c™mont, i„ E„gland, tho i„. 
(See page 21, of appended Petition, where iiiaited 10 ) 

creditor! ^^'"^^''^^"^°*''^^'*^" P^^P^^^^^ detained from him'by thlt 

(See appended Petition, page 25, where numbered 12.-Sec also Reoort of 
Trial-Messrs. Rolph and Baldwin for Defendant.) ^ 

ticrdJne^to'Rin!l^r''"f *° ?''''' ^,°'*^ Dalhousie, fully satisfied of the Injus- 
tice done to Randall, vainly endeavored to aid him In the recovery of his riVts 


lltb. That Messrs. Beardsley, Rolph, Eobinson, Bidwell, and Mathews fully 
investigated the charge of injustice clone Tianilall, in 1828 ; and after examining all 
the parties, reported as ia the annexed Petition. 

(See printed Petition, page 7, number ; also, pages 8, 9, 10, 1 1, 12.) 

12th. That said Committco reported the JSill forKandall'a relief, a copy of which 
is printed in page 14, of appended Petition ; and that that Bill passed the Assem- 

13th. That another Assembly pa?!sed the Bill, numbered 6, in page 15 of ap- 
pended Documents, by a vote (page 16) of 31 to 2. 

14th. That a third A aem'jly appointed a Committer who reported as in page 
17, of the appended Petition, where marked 7, unanimously, Mr. Thorburn being 
Chairman, but the Bill to give Kandall's Devisees (for h-^ had died) a remedy, was 
lost in the Legislative Council. 

15th. That the small lemnant of tlie once extensive possessions of a deeply in- 
jured man, which are yet in the hands of Government, <5an now be restored to his 
legatees without injustice to any one ; and your Petitioner humbly submits that, 
if the facts are as stated, they ought to be so restored, with the least possible de- 
lay, save and except such part as the authorities may reserve for public uses. 

16th. That a few months before his decease, namely, in 1833, Robert Eandall 
petitioned for the last time that his Lease of the broken Lot, say 39, Concession 
A, with Lot 39, should be renewed, and that no other reason was alleged for not 
oomplying with his request than that it was " indispensably necessary to the public 
*' service." Your Petitioner seeks no part which the public may require, only the 

17th. That Messrs. Firth and Berrie were Robert Randall's tenants on Lot 40, 
until, when driven off by Sherwood and LeBrcton, they prayed, first, 'or an acre 
of Lot 39, by License of occupation — then for a part of 39 ; but never for any part 
of the broken Lot in front of 39. For it Randall was the first Lessee^ the only 
Lessee — the first applicant — the only occupant, and under all the circumstances, 
enti Jed to the right of pre-emption in equity and fair dealing. 

18th. That by the Documents received by your Petitioner from Isaac Firth, last 
October was a year, and n-liich have been sent to the Crown Lands Oflice, it is 
evident that he did not petition — or intend to petition— for the broken Lot 39, 
Concession A, but only for 39, the whole Lot, ia 1st Concession. 

19th, That by Isaac Firth's affidavit of the 13th July, 1846, it appears that he 
fell into the error of considering 39, in Concession A, as belonging to 39, in 1st 
Concession, whereas, in fact, the Lots were distinct and separate. 

20th. That it is evident from the Minute in Council of June 22, 1846, the Order 
in Council, 25th September, 1840, and the subsequent Advertisement of Sale, da- 
ted January 4, 1848, that the Government of that day considered that Mr. John 
Rochester had no claim whatever to broken Lot 39, Concession A, in Ncpean. 
The Government in their Order in Council, September 25, 1846, remarks that :— 
"With respect to the broken Front, it does not appear that Firth ever made any 
" application for it ; and this portion of ground is not ever mentioned in any of the 
♦' papers or correspondence until he assigns his interest to John Rochester, where 
" the broken Front is mentioned for the first time." 

A charge is made in Rochester's Petition of February 8, 1 848, against " the In- 
" spector of Clergy Reserves," namely :— that he attempted fraudulently to possess 
himself of said 39, Concession A ; and reference to another Inspector is made for 
proof of the said : this feature in the case Your Petitioner is unable clearly to un- 
derstand. Messrs. Egan and Aumond value the Lot at 40s. — certain Government 
Officers at 50g.— and Mr. Perkins at £15 per acre. 



itliews fully 
xamining all 

), H, 12.) 

opy of which 
the Assem- 

3 15 of ap- 

as in page 
irburn being 
remedy, was 

I deeply in- 
tored to his 
Libmits that, 
possible de- 
: uses. 

)crt Randall 
gcd for not 
to the public 
re, only the 

on Lot 40, 
'or an acre 

• for any part 
10) the only 

ac Firth, last 
Oflice, it is 
:en Lot 39, 

ears that he 

• 39, in 1st 

16, the Order 
; of Sale, da- 
t Mr. John 
in Ncpean. 
arks that : — 
!r made any 
in any of the 
tester, where 

nst "the In- 
tly to possess 
is made for 
learly to un- 

" have 'ocen rcsortecl^o '^o rpducllfrf ' " '^'"'''"° "'"' " ""Ouitons oxpejiont 

hands of^'rour Excellency ' confidently leaves the matter in the 

^^^^^!SZt^^^7^::i^^ of the said 

thereofas may be required r the nnb It -'^^^^ ^' "-^^^I^* «« "»"ch 

Lot to the TetitioSTtrus for Tl?o il ''•'^^'^'^ '/"^ t«f «nt tl»e residue of the 

use, to be dispo dTf as t e est of^^a ?^^^^^^^^^^^ ^^^ *« '^'^^ 

der his Will ; or to adorn npTnfl ■^\^ '' ""'''^^'^'^ ^^ ^"^ disposed of un- 

in C.aneil shaCm'g^^d'f^^t^Xr " ''' ^""^"^ " '' ^^^ ^--"-cy 
And Your Petitioner, as iu duty bound, will ever pray. 

(Signed,) ^Y. L. MACKENZIE 
Acting Executor to the Estate of the 

late Kobcrt Eandall, Esquire. 

No. im. 

\_Nothing appears under this number in the manuscript.^ 

" There was no recognition of Randall's claim at that timp TT. ^ « ^ , 
wronged, but the Act was legal, and they had the pou^r." '' "' """" ^''^^y 

c. TV .1 , S^^^^T^^^-'^ Office, Quebec, 3Ist December, 1852. 

ci^f^'Z^^^'ZtTtririn-^ your letter of the 24th instant, re- 
require relative to /o'ur Petfti^n on tf "e Sj eToT I^SXn L^V^' in th^"/ °" 
cession A, Nepean, Ottawa Front. -L»ioi^en l^ot o9, in the Con- 

dirTS'lSl'Sr^' ""^ "■ ■■*■ '° "'"' "«""■ '- '"y "'f--'- you „ay 

I have transmitted to him your communication of the 24th instant. 

Ihave the honor to be, Sir, 

Your obedient Servant, 

W. L. Mackenzie, Esquire, M.P., ^' ■^- ^^^^^^> Secretary. 

Toronto, U.C. 

(Copy.) Crown Land Department, 

Quebec, 10th Januaty, 1852. 
Sir,— In reply to your letters, inquiring M-hat action has been taken by the 
Government with reference to No. 39 h\ Concession A, Nepean, I have the honor 
to inform you, that it was clecidcd, by Order in Council of the 24th of November, 
to grant a Patent to Mr. llochester or his assignee," containing a reservation of that 
part of the lot required for public purposes, and a reservation of one chain and a 
half in width from high water mark along the whole front of the lot ; but the issue 
of the Patent has since been suspended, by Order "in Council, of the 20th ultimo, 
with view of ascertaining if he will accept of it on the further understanding that 
he shall have no claim upon the Government, in the event of its being hereafter 
decided thatany of the tracts as laid down in a survey (dividing the land°into Town 
Lots) made in 1846, are -vested in the Corporation of By town. 

I have the honor to be, &c. 

fSigned,) JOHN EOLPH. 

Wm. L. Mackenzie, Esq., M.P.P., 

No. 117. 

Mr. Commissioner Rolph's Report upon hearing the Randall 

Case by Counsel. 


^ The Commissioner of Crown Lands has the honor to Report upon the applica- 
tion of VV. L. Mackenzie, Esquire, M.P., to be heard by Counsel before His 
Excellency the Governor General in Council, upon the Claim of the Estate of the 
late Robert Randall to Lot .39, in Concession A, of Nepean. 

^ Mr. Mackenzie's^ letter, with reference, was received in this Department on 
Saturday, the 13th instant, and as the request contained therein peculiarly affects 
the privileges of the Executive Council, it is with great diffidence the Commis- 
aioner would offer any opinion upon the subject. 

Ab, however, the reference of the application to him would seem to call for an 
opinion, the Commissioner would respectfully suggest the propriety of hearino- Mr. 
Mackenzie. i i ./ o 

Respectfully submitted. 

„ ^ ^ JOHN ROLPH. 

Crown Land Department, 

Quebec, 15th November, 1852. 

Further Petition for delay just received, and also submitted herewith, 
to a Committee of the Executive Council, 15th November, 1852. 


( Vide Report, 24th November, 1852 n 



r, 1852. 
:en by the 

the honor 
Ion of that 
hain and a 
t the issue 
•th ultimo, 
nding that 

into Town 



! applica- 
sfore His 
ite of the 

tment on 
rly afFecta 

all for an 
iring Mr. 



No. US. 

^'^''' rofn'nn ' ^r'i "/ " C^^^ittee of the Honorable the Executive 
Council on Land Applications, dated 24th November 1852 an 

rZ'aal "'"'' ''' Governor Gene JLcoundUntf; 

miSo'nSTfl;"::: L^^^^^^^^^^^ Si" A^" consideration the Eeportsof the Com- 

Petitions of John liocLster In E^^^^^^^^^^ and 9th November. 1852, on the 

the latter date on the Petition nf Wrir t °'A' f ''l"''^' ^°^ "^^^ ^^' report of 

onltnlT::lTJr:T^^^ r^*-"*° ^^^^-ts andcir. 

missioner of Crown Lands and the Pp U"""' ''k'' ^'''^ '" !^^ ^^^P°^'^ ^^'^^ Corn- 
reasons to induce therto Stt from o"' '^°''' ''^T'^ *"' ?° "^* ««« «"ffi«'««t 
in Council on the 7th Auc^ust ig. ' "U'^''; recommendation which was approved 
nervation of one chain and an fIn'Sfff ^''^T '"^ '° ^"'" ^^ '"^^^^^^ ^^t^^e re- 
commend should be retahied nlnL +J, V iT ^'=5 ,''''''*^'^ «'^''^^'' ^^ich they re- 
lot reserved by the DeDartLlt ?f P lll^° wT' f^^' ^«*' '^^'^ *° *hat part of the 

re8ervations.7herhum&7adv^e tha^"a Patlr- ' ''7"iJ^° TT^^^' ^^*h ^^><^^ 
fiignee for the lot in question ''"' *° ^'- ^^o^hester, or his As- 


WM. H. LEE, Assist. C.E.C. 

No. 119. 

Second Memorial of the City of Bytown, 6th December, 1852. 
To His Excellency the Right Honorable James Earl of Elgin and Kincardine 
K.I., Governor General of British North America, &c.! &c , ^^c ' 

The Memorial of the Town Council of the Town of Bytown ; ^^ ^°'^'''' 

Humbly Sheweth : 

T T"""' 'J"o '""^ ■'^°' ";"" ourreyed by order of the GoTernment in 1846 infn CU^ 

x^n^le e o-.''''* '"'^'"''•™'> '^'"' T*'" ^-^ »'™ boundaS./. ^d"? °e £X 
upon tne=e ouuuts were advertised lor sa e in the " Canada fJn^Pffo Tc^o n^ • i 

r'^^^^d'-'ttMl"""^' '''V f''i *'^ ^^^^"^ «^ PretondeTdalm'lX^etLTha?^^^^^^^^ 
of fW ; ^V f '^''°^ °^S' ^^''^'*' '« ^^^'i «»t in 1846 was the original survev 
of that part of the Town of Bytown made under the authority of the Government^ 


cand that the said Streets arc lawfully established highways under the Statute 10 
& 11 Vic. cap. 43, by which the Town of Bytown, including that said Lot, 
was incorporated, and by tlic Statutes 50 Geo. Ill, cap. 1st, sec. 12, and 13 Vic- 
toria, cap. 35, see. Sli, and 13 and 14 Victoria, cap. 15, sec. 1st, arid by other Sta- 
tutes of this Province. 

That it does not appear from the facts of the case, which in Bytown are known 
from personal observation and i.iil>lic notoriety, that a rigiit such as that set up can 
exist either by pre-emption or otherwise ; and your Meinorialists cannot be deceived 
aa to the fact that the Lot has not been occupied or improved or in any way in- 
creased in value by the parties now claiming aright to it, neither is there any visible 
thing that could be construed to constitute a claim in that behalf of any kind what- 

That it is matter of public notorinty that the said property, which is now worth 
not less than five thousand pounds, is being parcelled out amongst those exertin^ 
themselves to obtain it for the nominal claimant, one person havin"- already regis" 
tered a Deed conveying ten and a half acres of the most valuable part of it in fee 
simple for the consideration bf five shillings, a certified copy of the memorial of 
Avluch deed is herewith transmitted. 

That Avhile your ]\Iemorialists regard vested rights as being peculiarly sacred and 
entitled tobe held inviolate, they believe that unless there is evidence of the exist- 
ence of a right, It should not be presumed to exist on the representation of interested 
parties : And it is notorious that in relation to this case a Petition on behalf of the 
claimant in question has been signed by parties not belonging to the place or neigh- 
bourhood, who could not have had a knowledge of the facts otherwise than throutrh 
those who solicited their signatures. " 

That the sale of the said lot at a trifling price to an individual having no just right 
to It would be a grievous public wrong that could not be sustained on any proper 
principles, and could not fail to produce disagreeable consequences. 

That to your Memorialists it appears absurd to suppose that any individual can 
have a right such as that set up in this case as it was not by the labor, the cost, or 
the enterprise of any one in particular that the said Lot became valuable ; but by the 
collective energies, the collective costs, and the collective enterprise of the citizens 
or Bytown. 

And your :Memorialisi3 further beg to represent that in that part of Bytown there 
are not, excepting Streets, any grounds reserved for public purposes, thou-^h there i» 
especial necessity for such reserves, that being the only place where the Eiver can 
be easily approached, where Lumber can be landed, or where water can be conve- 
niently obtained from the Ottawa River: And they, therefore, humbly pray, on 
bchalt ot the people of Bytown, who alone possess a pre-emptive right on the said 
Lot,— that the Town Council of the Town of Bytown may be allowed to purchase 
that portion lying north of Ottawa Street, extending from Ottawa Street to Ore<roa 
btreet, and between Broad Street and Water Street, containing (exclusive of 
btro.;to) about nine and a quarter acres, at Five Pounds per acre, for public pur- 

And your Memorialists, as in duty bound, will ever pray. 

(Signed,) K. W. SCOTT, Mayor. 


I Statute 10 
t said Lot, 
ind 13 Vic- 
'• other Sta- 

i are known 
t set up can 
be deceived 
my way in- 
! any visible 
kind what- 

I now worth 
)se exerting 
ready regis- 
of it in fee 
memorial of 

■ sacred and 
f the exist- 
if interested 
ehalf of the 
ce or neigh- 
lan through 

10 just right 
any proper 

[ividual can 
the cost, or 
; but by the 
the citizens 

'town there 
ugh there i» 
} River can 
1 be conve- 
y pray, on 
on the said 
to purchase 
t to Oregon 
xclusive of 
public pur- 


No. 120. 

Report of tho Commissioner of Crown Lands on said Memorial. 

of S: SSe^^rthel^vro" gS '^"t *° t^^' '^^ ^'- -^--^^'- 

Town Council of Bvtown datod H.. r.f'n ^T'''' ''" the second memorial of the 
rsrfmcnt, aXhroJer, in fv, •?""","''; '" '''''"''"='' '" "■<= reports of tl,i/Dc- 

ut July j^t °sepr me:zf&Ti£?::i ".vrp'if t;/« t ^-"^ 

consecutive course of aclion on 11,,. mttnVVf ^8th Feby. 1848, forming a 

pretensions of Mr. Eochester " nml fo ,1, ^oj^f ».'l"|'">»tration, disclaiming"th» 
Order in Council ll,ermnS-,l? a ° 'T"' "' *" D^P-rtment of tho 4th?and 

9th Nov.ro7Soe SA ,,;d oJS' ' "■VfP«°f 2** August; therepo'rtof 

mis.i:n';::u'ldtX'rt;^^^^^^^^ "IV'i V^^ ^ ''''' ^'^^^^^ < *^« ^om- 
"upon application to t/erSnlat^to?^^^^^ Lots were advertised for sale, 
there may be a qu -stion of kw L^i •'] ^ "^^'f > S^ven day, at stated prices, 
lots and t^cnder of" the prioo L l^Tnt 'f " ''a'^''^^'' "° *^« occupation of the 
chase may not have accn "d'ii resn ct t^!^^^^^ ^ J^S^^ "ght to pur- 

would include the streets ZlhLr ? •^.''^'' "" ^°""''^ ''^ ^-^^h Nov., which 



epectfully to submit for the consideration of Hia Excellency, in Council, and awaits 
further instructions from the Government. ' 

Crown Land Department, 

Quebec, 15th December, 1852. 

Endorsed, *< Beferred to the Attorney General." 


M. C. 


No. 121. 

Copy of Order in Council, 13-14 December, 1852. 

On the letter of the Attorney General for Upper Canada, dated 13th instant, 
stating, that on reference to the Order in Council, of the 7th of August last, made 
in relation to the Petition of John Rochester, to be allowed to purchase Lot No. 39 

ii.;? r*/Tl' S^T'''°"/' °f,*^® Township of Nepean, he finds that it was 
directed that the Order in Council of the 28th Februarv, 1848, in favor of the 
applicant, be carried into effect, and that he be permitted to purchase at the rate of 
±itty shillings per acre, with interest for that period ; that on referring to the Order 
m Council, of 28th January, 1848, it appears he was authorized to purchase at 
the valuation of the District Agent ; and further stating, that as it was the inten- 
tion of the Committee that Mr. Rochester should be allowed to purchase at Fifty 
shillings an acre, with interest from 28th January, 1848, the Clergy Reserve In- 
spectors having valued the Lot at 40s. an acre, in 1844, without improvement, he 
would suggest that the Order in Council of the 7th August, be .o amended as to 
leave that portion of it which refers to the Order in Council of 28th January, 1848 
and It would then authorize the sale to Mr. Rochester, at the price of Fifty shiUinirs 
an acre, with interest from 28th January, 1848. J h 

The Committee recommend that the suggestion of the Attorney General be ap- 
proved and carried out. j f 



The Honorable the Commissioner of Crown Lands, 
&c., &c., &c. 

WM. H. LEE, 

Acting C.E.C. 

City of 

No. 122. 

Report of Committee of Executive Council, on Petition of 
Bytown, of N. Sparks, &c., SOth December, 1852. 

F.xtract from a Report of a Committee of the Honorable the Executive Council, 
on i.and Applications, dated 25th December, 1852, approved by His Excellency 
the Governor General in Council on the same day. 


I, and awaits 



ith instant, 
: last, made 
Lot No. 39 
that it was 
ivor of the 
the rate of 
) the Order 
purchase at 
the inten- 
le at Fifty 
Reserve la- 
vement, he 
nded as to 
iary, 1848, 
ty shillinga 

eral be ap- 


^-^2^e;rlttltt^^^^^^^^ '' ^'^? ^r f ?^*^-' '^'^^ 6th Deer. 

39 in Concession A, Ttl eTo ' "in'n o V^^^'^ '"\' *" ^I^^" Rocliester, of Lot No 
by order of the Go^." ment^ 84^ i t^ ^^1 of ' l' /"^ ^'' ^^'^« ^--3^^'^ 
and marked by stone boundaries Tha?tl=^ '''"'^i '*'''^^'' ^'cgi'lariy laid out 

and that the streets so iuid out a 4 Wullv TZ7 T m -^^ "'"' *''° ^"S'"«I survey, 
«nd 11 Vic. cap. 43, and oti"cr h 2« oftt P "^ lHgh^vays, under the Act 10 
that with the exception of su h sh^c f tt ^1'°'?- ' ' , '"'^ ^""''^'^ representing, 
grounds reserved Ibr public purnoscs.rn '"'" "°*, ^" ^''^^ part of Bytown any 

purchase certain portLs hS Sti'lf %']? •'"' /'^^'V^'"'^ ^' P^^^^^tted to 
£5 per acre ; and, ' contaming, exclusive of such streets, 9^ acres, at 

lot^tSgel'Jtith The S';Xt?o&rnr • ^"°" ''' 1^ '^ ^^° «^°- -"tioned 
pectively, dated 15th instant Commissioner of Crown Lands thereon res- 

V^^t^^^ -e of the Patent be sus- 

accept the Patent on the understand nttW Cl uT'' ""^ ^f ?'-t«i"i"g if he will 
vernment, in the event of its be in" hfreaftl ?1^ '^"^"^ '''"^^"^^ the Go- 

out under the said survey, are vested in^^^^^^^ that any of the streets laid 

also be intimated to Mr KochesSr that t 1^7?*'?^"^ ^3'*^^^^" ' that it should 
assent to this arrangement of Mr Molltl ,'°" ,^ ^*^, ^'^^ '^"^^ time procure the 

under Order in CouneS oSd June fsL T I' '° PV'i''''''^ *= '■»» '"M °"t 
tbot the Agent of the Commissioner of r.f' r'^ ^ wjthdmwn from sale, and 
that effect, ehonld it be ae™»™ '™ ^''°''' "' ^^'o™' •>« i"»tructed to 


To the Honorable 

The Commissioner of Crown Lands, 

&C., &G., &Q. 

WM. H. LEE. 

No. 123. 

Sir -A p^,..^^7^''^/^^^^ep^h™ent, Quebec, 24th December, 1852. 
Str'eSs, a'^la^ r:;. ^°Se trv^vTf L^t X'sf •^?°^^'°' -pre-nting'that the 
in 1846, are lawfully establishedXl™ ^^^ ™^d« 

and other Statutes of the Province; "hS been undet the It' 1 ^l-' ""?• ^?' 
Governor General in Council, on the 20th'instant consideration of the 

uni'rlnlttlnt vo"^^^^^^^^^^ "'" "^"f^Vf ^'^^^^"^ ^^"^ the Lot, on the 

being hereaf^/'^cS U a a J o t' StS" ' l^^t I^^^'^* ^" ''' r"' ^' 'ts 
nested ,n the Corporation ot Bytown, and you are at the same time required lo 


procure the assent to this arrangement of Mr. Malloch, and all others to whom vou 
may have disposed of any portions of your right in the property, and whose assien- 
ments are registered in this Department. i i J'» "'" wnose assign- 

I have the honor to be, Sir, 

Your obedient Servant, 

Mr. John Rochesteb. ^^'""^''^ ^^™ ^^^I^«- 

No. 124. 

c- rr. ,T ^"^^'^ ^^^^' Department, Quebec, 24th December, 1852. 
^3lr,—Ihe Memorial of the Town Council of Bytown, dated the 6th instant 
objecting to the proposed sale to Mr. Rochester, and representing that the Streets 

Tslfi alT 7 1^ ^r.Vl1 fe?V^^°- ''' '" ^^^"'^^^^•«" A, ot^ Nepean! made ?„ 
1846, are lawfully estabhshed Highways, and praying that they may be permitted 

acquire a certam portion thereof, consisting' of about nine and a fourthTc s 

mrLtan". " «o°«ideration of the Governor General in Council, on th^ 

I have the honor to inform you, that the issue of Patent to Mr. Rochester is to be 

3d Ir/' .' ^V ,^'? ''''^'r'"^ whether he (and those clawing u„5 him) 
would accept the Patent upon the understanding that he shall have no claim 
against he Government in the event of its being hereafter decided that any of th^ 
Streets laid out in the said Survey are vested in^he Corporation of Bytown. 
A letter has, m consequence, been written to him to that effect. 

I have the honor to be, Sir, 
Your obedient Servant, 

■R w c T. . ,, (Signed,) JOHN ROLPH. 

K. W. bcoTT, Esquire, Mayor of Bytown. 

No. 125. 

Q. V -n ?.''''''''' "^^'''' Depautment, Quebec, 24th December, 1852. 

coir: i:Xr;iS^kt saz^'- ^s^^^^' ■- 

I am, Sir, 

Your obedient Servant, 

Nicholas Sparks, Esquire, Bytown. 

(Signed,) JOHN ROLPH. 


whom you 
hoac ossign- 


er, 1852. 

jth instant, 
the Streets, 
an, made in 
e permitted 
urth acres; 
ncil, on the 

iter is to be 
under him) 
Q no claim 
any of the 


r, 1852. 
Jeration of 

No. 39, in 


No. 126. 

Sir,-Tl. PetitilTfyotd'and n^r'^'u'^'""'^' '"''' ^^^^b-' 1«^2. 
ec^on^ Nepean, havi^^^^ltrr S^^^e^ ^^ J- No30. m ^. 

oW^^^'JSr CS^^ar?!^^^^^^ ^-^ - ^« or such „ 

I am. Sir, 

Your obedient Servant, 

Mr. Rxcn.nn C.e.hv, Bytown. ^'''"''^ ''''''' ''''''^''' 

No. 127. 

Sir,_I have the honor to nolrnn^ i i .u ^^"^o^^^' ^th January, 1853. 
ultimo, and in answer t^thlfir^r^^^^ '"'^"^'P* «f yo"-" favor of the '>4th 

Patent, with the unTerstandin^lirKa;, f"''^' ^V'?^''"' \^«"''» --P* ^t- 
the event of its being hereafter £ded that arnr.1.''''? '" *h ,««vernm'ent. in 
C:^^^^^^^ -, i„ ContlL^^: Vein: ril^elteT^Jedt tt 

J^^^^'^^l^n?!^!;^^^ shouKI accept it with 

this understanding : and'Vh^VVbV V.Pnwr'^r'''^^''^'^ ^^""^ ^ «^°"'J accept it with 

the same time thai I would hTveae^^^^^^^ •' ^^ ^i'' I niay r'emark It 

)lace,buttheLotis3lii'^„!S!^^^^ the first instance as the 

survey took place, but the L 718 coSl^^^^^^^^ the first instance as the 


;;therorSdL%t rtK^^^^^^^^^^ --'^^r Jt has been fur- 

mark along the whole front of the Lot bn 1 it T i" ""'i^^ ^'^"^ ^'S^ ^^"^^^ 

« required for public purposes " ^'^'' ^""^ ''^'o *^^' P^rt of the Lot 

adviste^^^ 31 acres. This I 

that the Board of Works havr-ir?.^ht<-nl^ require, but contend respectfully 
which they can do withou^the slS s in rv^en.^ for w^.^ ^hey require. an5 
pomt out to the Honorable Mr. Chabot '"'°'''^^"''°°^ *« themselves, which I can 

thel^sTcri;?;;^^^^^^^^ SeZ'; '^f't? ?-rd of Works by letter officially through 
the 30th Marct me! reseCd whTST"'' '• ^["^'" ^f"^^' ^^'- ^^outhillicr, on 
an acre, and which I tinted red on l^^i '''^?^''^ "''^"^^'>^' '^^ '^''^<^ quarters of 
take three acres add iS I cannot st.Pi'-'jK^ transmitted, why they should 
high water mark, I hVmb y coZler a^nd T^7^'Vu °"' ""^ "" ^^^^ '^'^^' ^om 
the Government'hasthe%ht Jo wi hhofd ml pT„f ""^ ^ ''T '^'''' °^ ^°"^«° 
they please, but I deny their ri^hT I Wv^r f ' .1 *° ™«ke any reservation 
not to consider me, eitir as ungraieL oruniasSle^ T"-f\t' ^'"^'^^.^^^t 
made, it will be tantamount to withholdinrfrom ,! Z, ^''' ^^^'^ reservation is 


fnT.r fr' ^°"t;«l«'."^y «^vn property, leaving, it optional for any nerflon 
to buUd d.g trosi,a«sou the par' roirvo.l, i^.Jope.ulcnt otlne ^ ^ 

water covers af ut 1. or 1 7 aeJoMrtht':,; Ih o/a^ ^^^HrS'^i'^S' 
wZ'y;"' '.•'•'""'' ''""'^"-^ *" ^•^^'''^^•« ^''« (Jovornnu..nt torn any pre onS 

Ii^:::;So''ofSp;^^r^"'"^^^^^ withrefbrenco to ti^iiaSi;! 

Trifli' ''?f ?'.* '^ '' "^'^^^^•'^••y ^^ ""^^<« 'I reservation for the use of the Lumber 

over the liifj Ivettle; and since the slides were made, everv stirlf nfflml^n,. on.! i 

even the cooking utensils have been run through'tt sHdi; on the cdbs ' ' ' 

The lower part of Lot 40 and 39, have been open as a common for these twentv 

years past, and mus no doubt remain as such for\ wentv years to come and tcTurt^ 

thV?nh kT .^T"''^ ''r° ''""'• '^'''' ^ ^^""^'^ ^'>"t "P t'^c ^vhole Lot, and prevent 
the nhab.tants from getting water, is an insult to the Government. If I dklo I 
would be acting contrary to my own interests. vcrnmenr. it i Uid so 1 

I would be willing that a clause should be introduced in the Patent if the 
Government insist on ,t that I, my heirs and assigns should now and at all times 
hereafter afford o the inhabitants of Bytown, and the public in gTneral, ample s tr™e 

O tawr-nr^^^'Ti-J^^^'^''^.^^^' '"^ ^"'^^^«'" the water's^dge of tKo K ver 
Ottawa m the event of its ever being necessary to lay it out in Town Lots and tlm? 

untd laid out m Town Lots and even after, ample accommodation shall be afforde] 
to^all Lumberers to secure their rafts if necessary, while running the Government 

I have no hesitation in saying, that I could furnish you with evidence of sevcrnl 
thousand respectable inhabitants of Bytown, that one inch of a i^IerXn L unne- 
pessary for the use of the Lumber Trade.-such proof I would consider would be an 
insult to the Government,-but I will simply refer to a single gemlemanJoseuh 

Wri-irT'"' '''^" T^';""^*^^ "^« *« '''''^ ^»d ^^hieh I fntimatedTo you, that 
he was willing to appear before you, and testify relative to the disgraceful consnl 
racy against me respecting the Lot in question. o'-i^^eiui conspi- 

tht ll"^}"^ confidently ask, would any one dare to impute improper motives to 
this gentleman ; he never was under a fraction's obligation to me in his life he has 
been repeatedly urged to allow himself to be elected°for Bytown? he irs 'lived in 

ot this Lot, from Its earliest date, and has the largest lumbering interest in tZ 
Province of Upper Canada ; and no one will presume to call in quest on hs known 
and universally admitted reputation and respectability. ^^^stion, tiis known 

I have, &c., 


T . , Bytown, 7th January, 1853. 

li2StZ^^lTilT^^:„t:t' ""'"^^^ ™"="-»'. -'-sent „p„» 



r an}' person 

iitiiiuos from 
itly the lii;rli 
t' I wouki, 
y pretended 
10 i)iuticular 

ho Lumber 
k has there 
Huron for 
single stick 
ber was run 
2r, oars, and 

icse twenty 
and to urge, 
md prevent 
1 did so I 

cnt, if tho 
it all times 
mple street 
' the Kiver 
ts, and that. 
be afforded 

of several 
>n is unnc- 
ould be an 
m, Joseph . 

you, that 
111 conspi- 

lotives to 
b ; he has 
18 lived in 
he history 
sst in the 
lis known 

I have rend tho above htior „.!/•, , ^^town, 7th January, 1851 

Koehcater and Mr Tnll • ' ^"^"^ ^^'^^ '"^^clf in honor bonn<J : • 7 
it relates to mv ^ ^^*'*' "'^n' to state that I a.rreo witii :^- " J""''*^^ *» M^r. 

ruaies to my own praise. °^° '^"" "" contents, except as fli- ng 


(Private.) ^«-^^8. 

My Dear S;r,-Mr. Rochester of R f u ^""^^^^ ^th January, 1853 

I am, &c., 
To the Ho).oruble John Rolph, (Signed,) JOHN EGAN 

^commissioner Crown Lands. 

Mr. Ilochester to Commissioner of Crown Lands. 
Sir,-Adverting to your letter of om, n , Q^^ebec, 1 7th January, 1853. 

.0 .he blue ,„a*: r:^:^j'i"4'r:Cot! ™™' »°' '-" - »°- p-, ^o. 

reservation was made, it would Some" ^efc^i'^f'"" '""'' "' '"" "«■=■•• If tWs 
Eaffmen, and for inra,„ou7eharaefo,f "f n "1,"'->"='-». ""<1 Srog shops "or 
13 g,vo„ your Dopartmcut hy Tj Eu,i , ' i'f ■'■""' f S"' '''=»4"i"n ofTl.ieh 
Dune Esquiroo-our Crown- Laud A "e«\,t^^^^^^ "' I^J-'™, ihrough j"hu dug up ,„ ,,o|e, f„.. quarryt„g\-to ;o™!t L'ehTS'r ''^''"' "'"'""'"p" 

If any reservation was ncce«arv it wo„ ,1 ) t '"™ "» """rol. 

all the timber has to remain to 7r , j t' ''° "".I'"' «. l-elo^v the slides, where 


i4i:>S™r:ls:,:.^,^3f :,s''tir:?>i- ■■^''"r-"-^ -•'-'. «- .ho best 

the neecssary authority according °i Law^ "'' """'' '""P"^"' "clothed" ,S respect to the .presentations from the Town Council of Byt„„. j ,„, 



waa taker, „p a„U adopted in trcXnool/ vVC '''V'^'t^' '' 

\vho, ft3 1,0 informed Mr. Malloch ohiccNxl fn i. „ • ' "l"'-'"*'' ^''" ^'^^o""' 

though. „f,o.. .,•„.„, ., ,«:";;:'i;„tr'U ;: r :;„"Er;rcS""'="' "- 

running their CrSg^ ^"'- the Lumberers in 

All winch Id respectfully submitted. 

(Signed,) JOHN ROCIIESTEli. 

■n o- nr -r. , Chown Land Office. 

Yours truly, ^ 

_ (Signed,) EDWARD MALLOCH. 

Honorable Lommissionor Crown Lands. 

No. 129. 


Tl,. Pnn, • • r!^''''' "'^^'''' Department, Quebec, January 24, 1853. 

of ^:Srnr^G\^^li?nTo"u cil"^^^ 'T'' IfT'l? ""'^ ^'^^ -*'- 

1847, on the application of W! ScSerso;\f'""n^ 1 '^' 'l'^ ^T""^-^' 
Honorable Peter McGill, on the subipr^Tr^^ hL "^ w ncaser submitted by the 

he holds under certifies of unlocatorf o!m v"''*^ '?'!'" ^'"'^ ^'«'"« ^^^ich 
ral's Department nlS Th"s Or W t"'''^"*'«%'««";^ by the Surveyor Gene- 
claims of McPherson 'as set forth n hi. «.i''^' /-'' ''",T ^''''^ ^^^^ ^^e 
- considered and disallowed by ^ppr^^^^^^ ^"^^« "^^^ ^""^^ 

" sions, viz: on the 29th Anril IMrifutu lo.r o"" ^i*" ^""'' ^'^^^''''^^ ""a- 
" the 24th December, 184t,"lc ares' th^ t'ordor t' ^^ September, 1845, and 
sion and interruption' of the pubiic'Lsto^^^^ ??(- 

except^the ev^ci'tJ^f S 5^^=:^^:^/ Sv^lSS^' 
Conce l,„ r 'w'^^^^^^^^^ '''""r"- f ^"^^'^-^ Rochester for Lot No. ,9, 



Quebec to a 
» Bitting; it 
tlio Mayor, 
riercncc, al- 

jnt from 


mpel ino to 
i to und from 
vumborers in 

Joseph Au- 
to the letter 



en Lot No. 

our special 
'e sec you ? 


4, 1853. 
the notice 
ted by the 
lims which 
yor Gene- 
1 that the 
ivero fully 
i'eral occa- 
1845, and 
led confu- 
Land De- 
claims for 

»t No. 39, 
al further 
issing dia- 


Mtlsfiiction therewith- hilt ♦! n • ~ =-—— 

tit"t.lJ„',|'„°„JI'''^S'.;'''\?'" Council, .411, .T„„„„,, ,«,, . ,„ , . 
* The claims of Mr Mr.PJ,„.. 

'•■ SPVPrnl 7 "" '''"«'ccj and disi 
" In ord t December, 1845. ' ' '"'" ^'^'*^> '^'^'^f ^'d Scptcra- 

" Certified. 

(Signed,) u J. JOSEPH, C.E.C." 

Order in Council of 31st Januarv, 1853 

,. The Committee recommend'?'',?'"' ''^°"'^^^' ^«-^3- 

L^ assignee, in accorZr ^W Jh oS^ inT^u \ 'T'. ^' '^^^ ^^ochester or 

^Oth December, 1852. ^'^''*''^' '" <^ouncd of the 24th November and 

Approved in Council, 31st January, 1853 rr. 
<^ay.) , ""'y* ^«>^3.~-(Commumcated to C.L.C. next 

No. J30. 

LM,,n^ appears under tkis numler in the mam^cript^ 




No. 131. 

inS"o t^r';;^^:!!.^^'^''^!^'-'^ Land, representing that 
39, Concession A, Kar"l,ev W «„K • ?^^^^ ^^' ^^^ No. 

inentsforre-openino. thffideVuionTfr n ^"" '^^^'""^ ^"^'^^^^ docu- 

faction therewK but tha he see n tht ot.^'T'"'"*' '"^ ^^P^^^«>"« d'«^«t'«- 

his^l:siSeTt*::eo?drce^^^ issue in favor of John Eochester or 

20th Decembe", ™*°^^^^'^ '^^ Orders in Council of the 24th November and 


To the Honorable the Commissioner of Crown Lands, 

&C., &c., &c. ' 

WM. H. LEE. 

No. 132. 

o;_ \\r^ 1 , Quebec, 5th February. 1853 

^o^^-^'^&'AT^^^^^^ ^0- 39, in fone'e'sion 

will have no claim on the Gov^nrnTnt for f ' '"' • ^^^' ""^erstanding that we 
decided that the Streetlln fhlS, ^^'^ «TP«"«''^tion m the event of its beinc. 

poration of Bytowm ^"'"'^ "^"'^^ ^" ^^^^' ""'^ "^^''^^ by law in the Cor*! 

We have the honor to be, Sir, 

Your most obedient humble Servants, 


Honorable A. N. Mobi^, " EDWARD MALLOCH. 

«6;c., &c., &c., Quebec. 

No. 133. 

ml BrmCLt "' "" '°"«°"^ '" '" ^""""'-^ -* "■« Orf« in Council „1 
«th Februa.y, 1853. ^^'^""^'^ WM. B. KICHAEDS. 

853, ap- 
uncil, on 

iting that 
Lot No. 
ber docu- 
^ dissatis- 
I from the 
e applica- 
30 by the 

hester or 
mber and 



that we 
ts being 
he Cor- 


-the sale was carried out ind th. i '"« "^^eia of the Government. 

« bj. you, not in your public 3 rtutn ' °™'' !" "« "'« pateu waf 
i^..».. ana pj^^^^^^^^^^^^^ 



mshea that it is unnecessary for the Public Works, and that even the full consi 
deration money paid for the purchase of the lot, is not included in the deed 

Ihere seems to have been such a system of secrecy pursued on the part of the 
Government, that it appears to justify the construction of studied fraud^ 

Under these circumstances, we consider that our letter to vou of tho '5th ,-n«fo«t 
has been extorted from us, and protest against the course"^ th^Governm^^^^^^^^^^^^^ 
pursumjr, and beg to signify our determination not to consent to the patenTissuin' 
on the terms proposed, which we can not characterize but as in an uZeceSecf 
secret, underhand and discreditable manner; we therefore pray th^he descrinion 

ZLZT '"V*"^""^' '"''•^ ''"^•" '-^"'^ ^"^•'^"^If -'"'^h is Intended to be re ' ?v d 
and that the part necessarily required for the Jioard of Works on the N E ror 
ner of the lot may be paid for by them to us. " ^' '"'''' 

All which is respectfully submitted, by your obedient and humble Servants, 


The Honorable A. N. Morin, 

Provincial Secretary. 

No. 135. 

Report on the necessity of certain Reservations being made in Broken 
Iront, Lot No. 39, Ottawa Front, Township of Nepean. 

ing t^^'i^:^^^^: souih :S?c:;^s.r '- ''-''''' " '-'^ '^^-^ ^--^- 

h.a^rl\i''"^f ^^"^«''^S'^''i' admit of the raftsmen going ashore to return to thp 
head of the Rapids, to continue their work in taking down cribs and for other nnr 

heS s?i^utofthrsfl"T.'' being rcpurrcd to the Slide-Masto", afrequi il by 
T^l be' to reSr on^' '^ '-^f Kogulatiuns, established by Order in Council, \o which 
iTnecessary ' '''"''' ''"^'^'^ ''''"' ^^'"'"^ to land here, in all cases,' absolute- 

runnin':i"down';htLi;L?i^I;.r^%>^ ^leranged or partially broken up, in 

here and ren^i • .^ 1 "f ^''''^".'^'^'■<^, ^^}'t'^ =^'>ove, they mu.f be brought to land 

ereat loss of timo tr. t]L} i , ^ *"''^^ '''^<^^' '' "«* onlv occas ona 

fion and ttiZuom f "• ''T' ^"' '^'^ f "^' '^"^ ^^'^'^^ '« ^i^'l^'*^ *« «bstruo- 
liZ "' pieces c,f ti.n!,cr getting fast and causing jams. 

is requ r"l' "h'v'Zf'^ *'" ^"^^'i f^ *'\-:?"S'^^-- ''--by, the reserve ment oned 
required to lay timber upon, delivered for building purposes, for the use of the 


be se 

on th 


is the 

ber ca 

slope ( 




other f 

falls eii 


to the ' 
but whj 
which i 

wells is 
and culi 
chiefly f 
carted f 
is neeess 
Lot No. 

further r< 
ted, may 

equal im] 
should be 
of the Oti 
such a wo; 
material, j 
are very o- 

The obs 
a distance 
above the ' 
called the J 
two miles c 
feet, immec 

These ob 
head of an ] 
quarters of j 
for seven tee 
the Canal u; 

For one-q 
and the deefj 
be rock exca 




drawn ovT 3 T. 'T'^'^ '' ^' ^^^ the e ™3v 7' 'l^^ ^^'^o quan- 
be sent dolZ« . if 'l.!".-"^^ ^elpw, at whr& l'„l" * «^ ^^^ to be 


slope of the JanflVKV--^'^^*" "Pinto the Town K ^*?'^"' ^^^re tira- 

fall. eKSi/r?*^''-'^' ■'o™ "« Locb oTihe S"« /•""''f'" "P • *« »■>'/ 
■i he full extent of fli * 

which it i raniilv .•'^'^'" ^^'«"» becomesix C tv of 1 •?'\^;"'"^*^« Town; 
Also as The T ^'- ^' ""'^ ^'' ''^'^^ imagined. ^ "^ considerable magnitude, iJ 

Besiies .1, est™' 17.',™' '," T' °'' "-^--tor'" ' '" " ^"^ «> -'- 

a disttTf"?r:„;^l'"'^"^^'"" immediately above Eytown 

nbove the Town ^-h ^,^'''':^''^'^^' miles, i.ev cons^J. °J"^^T^'••'''«^ ^^'tbin 

called the RemSk'' J ^i^^'l^/^''^^'-^ of a mile further of X, ^ f ^'*' ^'^^ ^^'^i^ 

two miles of s ntu 7 "''""' *^^" ^««^' «^ -bout ( mile a " IT f.- ' [^ ^"I"^' 

feet, inimediatolv T; tt In'"' ''',^"^ ^««^' ^be Falls Tt Brkin" ^"7^^'•' ^^^^'^ 

Tbese obstruetions m 'i ''*''' ^'^"^^ ^'^'<«- ' '^'"' ''^'•' 

~^^!:^^t^i? Cb^^^^ t^^ Cl^"^ ^ Canal .om the 

and fh. "lT:?!^^'."f *be d.stance to the Bay very lit !! •'"''.^'^■ 

? >" the remainder miglZ'ninetr:™:?.!!."^-^: 



teet, seven of which would 


«fnn» ?» ? excavation would be a source of economy instoad of expense, for as the 
stone 8 of a superior qual.ty, builders would remove it free of cost to the public if 
permitted, were it not required for constructing the Canal. Upwards of two thou- 

Zirr' . ' '*.'"' ^''^ t"ken from Lot No. 39 withia a 'year past, and the 
parties have to pay for permission to take it. J l > ^ me 

Above this cutting, the Canal could be best constructed in the bed of the River 
by parallel walls of stone, without mortar, lined on the inside, under the water' 
with thick plank, to prevent such leakage as might create a current. As the Kiver 
18 generally shallow, and the bed of it flat rock, such walls twenty feet broad, and 
on an average, fifteen feet high from the foundu.ion. would be perfectly secure 
and sufficiently high to keep the Spring floods from washing over. Such walls are 
re"uired '^ ^^^^^'^ sufficiently at as great a difference of level as would be 

In the mode of structure, as well as in the excavation, additional width would 
be attended with little or no increase of expense. The Canal should, therefore, be 
raade wide, to admit of much water from it being let for milling purposes and for 
hydraulic works for supplying Bytown with water, for which verv iecessary ob- 
ject the foot of the Canal would afford a most unusually advantageous site. 

The flooded land, also, that would be made where the Canal would be built on 
fl%?*^ mT^ Bytown would be exceedingly useful as a pond to contain saw-lcrs 
for the mills on the hydraulic lots below; such a thing is very much required, as 
without It there IS no adequate space for stowing logs for the mills that will be 
constructed there. 

A mile and three-quarters of Canal so constructed, in addition to the three-quar- 
Ik \ A el rf* described, would be sufficient to overcome the obstructions to 
the head of the Remicks Rapids ; and half a mile more at Britannia, chiefly excava- 
tion, would overcome all the obstructions to the Chuts Lake. The total rise in 
that distance would be about sixty-two feet. 

This would complete the navigation to the distance of thirty-five miles above 
JBytown. and cause a very great increase of the trade of the Ottawa in sawn lum- 
Der; rendering the magnificent and unlimited water power at the Chuts Falls even 
more valuable than the Falls at Bytown for milling purposes, besides conferring 
great commercial benefit in other respects on the Villages and Settlements on the 
ativer, by giving them the means of direct communication with the Ports on the St. 
Lawrence, and with the United States. 

Were the communication extended to Portage du Fort, sixtv miles above By- 
town, by the construction of three miles of Canal at the Chuts Falls and Rapidl 
the benefit would be proportionally increased, and with it the importance of a 
uanal at Bytown, for which the reservation is proposed. 

• To recur to the importance of the reserve along the Bay on Lot No. 39, with 
respect to the Slides, we would most respectfully remark, that it is held to be of 
unquestionable importance that there should be reserves, and they have accordinir- 
ly been made to great extent about all the other Government Slides on the Ot- 
tawa, though or much less importance than the reserve in question, even as regards 
the convenience of the lumber trade alone, and such a reserve is now about to be 
purchased round the shore of the Gatineau Timber Pond and its outlet. 

This being the case, it would seem to be absurd now to dispose of the reserve at 
Jiytown, where the quantity of timber passing, and the necessity for the reserve is 
consequently greater. It would be altogether stultifying the proceedings hitherto 
ot the Department of Public Works with respect to all such reserves, besides in 
this particular case sacrificing the interest of the inhabitants of Bvtnwn: ind were 
the reserve in question alienated, we would feel constrained by a' sense of duty, to 
recommend that immediate steps should be taken for the purchasing of it back 

again, i 
not hav 
might & 
a cours( 

To the ] 


Again, in order thnt thn. n**„ t , ' "" "~ — — -= 

All which is most respectfully submitted. 

Bytown, 5th April, 1853. 


To the Honorable tfac^Commissioner of Crown Lauds. 

rts on the St. 

No. 136. 

Sir,-I have just received a letter from Mr P u ^''^''''''' ^^*^ ^P"'' ^853. 
A. on the Ottawa, i„ ,|,e Township 7^' rn"™''^' ^'" ^^- « Conceasi;;; 
» olneXtf J.h;r„t"p:,:- tr/r""T f?" '^-"-c^ «.= Oover. 

jhe w wh.h w. p„.h.ea .a p.. ,„. .-::? »:::' irttctrUo. 

We therefore intend to take etep, under advice 

I have the honor to be. Sir, 

Your obedient Servant, 

Honorable A. N. Morin, ^^'^°'^'^ EDWARD MALLOCH. 

&o., &C., &c. 

-^.t I . iiii x ia